MAITLAND CITY COUNCIL
AGENDA
26 November 2002
COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
TABLE OF CONTENTS
ITEM SUBJECT PAGE NO
1 INVOCATION...... 1
2 APOLOGIES ...... 1
3 DECLARATIONS OF PECUNIARY INTEREST ...... 1
4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING...... 1
5 BUSINESS ARISING FROM MINUTES...... 1
6 MAYORAL MINUTES ...... 2
7 PUBLIC ACCESS ...... 2
8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS ...... 2
9 ITEMS FOR INFORMATION...... 3
9.1 NEW HORIZONS PROGRAM...... 3
9.2 CORRESPONDENCE ANALYSIS...... 5
9.3 LODGEMENT OF GST WORKSHEETS...... 7
9.4 MONTHLY FINANCIAL REPORT - OCTOBER 2002...... 9
9.5 PERFORMANCE REPORT ON RATE ARREARS 1 JULY 2002 AS AT 31 OCTOBER 2002 ...... 12
9.6 COUNCIL'S HOMEPAGE STATISTICS ...... 13
9.7 DEVELOPMENT SURVEILLANCE PROGRAM: 2002-2003..... 14
9.8 HUNTER RIVER RELAY FOR LIFE ...... 16
9.9 ILLEGAL DUMPSITE CLEAN UP AND DETERRENCE GRANTS PROGRAM 2002 - 2003...... 18
9.10 KEY PERFORMANCE INDICATORS – OCTOBER 2002 ...... 20
9.11 LOCAL GOVERNMENT ASSOCIATION OF NSW - ANNUAL CONFERENCE ...... 26
9.12 RTA INFORMATION PAPER ON REGIONAL ROAD FUNDS FOR LOCAL GOVERNMENT FOR 2002/03...... 29
9.13 SPECIAL EVENTS - REGULATION AND APPROVAL ...... 32
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9.14 STATUS REPORT ON CAPITAL WORKS PROJECTS...... 34
10 OFFICERS REPORTS ...... 42
10.1 GENERAL MANAGER...... 42
10.1.1 HUNTER RIVER COUNTRY TOURISM ADVISORY GROUP... 42
10.1.2 HUNTER VALLEY STEAMFEST...... 44
10.1.3 ANNUAL REPORT ...... 47
10.2 FINANCE AND ADMINISTRATION...... 48
10.2.1 PRESENTATION OF AUDITED FINANCIAL REPORTS AND AUDITOR’S REPORTS FOR YEAR ENDED 30 JUNE 2002..... 48
10.2.2 QUARTERLY BUDGET REVIEW - SEPTEMBER 2002 ...... 50
10.2.3 STATEMENT OF INVESTMENTS HELD AS AT 31 OCTOBER 2002...... 53
10.2.4 AMENDMENTS TO MAITLAND CITY COUNCIL'S ARREARS OF RATES POLICY ...... 56
10.3 SERVICE PLANNING AND REGULATION...... 58
10.3.1 023112 – ERECTION OF BULKY GOODS WAREHOUSE, STORAGE YARD, CARPARK AND OUTDOOR PLANT NURSERY - LOT 13 DP746311, BUNGAREE STREET, MAITLAND...... 58
10.3.2 MAITLAND CITY COUNCIL FOOD SURVEILLANCE POLICY.. 65
10.3.3 TIDY TOWNS 2002 PROGRAM...... 67
10.3.4 PREPARATION OF DRAFT INDUSTRIAL STUDY - MAITLAND LGA ...... 69
10.3.5 THORNTON NORTH MASTERPLAN ...... 73
10.3.6 QUEENS WHARF & THE MORPETH STEERING GROUP...... 84
10.3.7 RE-SUBDIVISION OF RESIDENTIAL/ RURAL RESIDENTIAL ALLOTMENTS...... 88
10.3.8 EAST MAITLAND COMMUNITY CENTRE- DEPARTMENT OF AGEING, DISABILTY & HOME CARE ...... 90
10.3.9 MAITLAND SPORTS ADVISORY BOARD...... 92
10.3.10 REGIONAL GALLERY FEASIBILITY STUDY ...... 98
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10.3.11 TRIAL STRATEGIES TO REDUCE ALCOHOL RELATED ANTI-SOCIAL BEHAVIOUR...... 102
10.3.12 WASTE REDUCTION AND PROCUREMENT PLAN...... 107
10.3.13 GRANT FUNDING FOR LANDCARE COORDINATOR...... 109
10.3.14 GREENING PLAN IMPLEMENTATION REFERENCE GROUP CONSTITUTION...... 112
10.3.15 INDEPENDENT INQUIRY INTO THE HUNTER RIVER SYSTEM...... 116
10.3.16 STATE OF THE ENVIRONMENT REPORT...... 119
10.3.17 URBAN WATER CYCLE MANAGEMENT CAPACITY BUILDING PROGRAM ...... 121
10.3.18 WATER MANAGEMENT FORUM...... 123
10.3.19 NEW ENGLAND HIGHWAY TRAFFIC FACILITIES - RUTHERFORD ...... 125
10.3.20 ROAD NEED SURVEY...... 127
10.3.21 DRIVEWAY ACCESSES IN CARR AND GOODLET STREETS, RUTHERFORD...... 131
10.3.22 BOLWARRA WAR MEMORIAL...... 134
10.3.23 TEMPORARY ROAD CLOSURE - HIGH STREET, MAITLAND FOR ANNUAL "BALL IN THE MALL" ...... 139
10.3.24 ALCOHOL FREE ZONE-HIGH STREET MAITLAND...... 142
10.3.25 RECREATION AND OPEN SPACE REVIEW ...... 146
10.3.26 REPAIRS TO CANTILEVERED BALCONY - RED LION INN ...148
10.3.27 RESOURCING ISSUES - APPROVALS AND REGULATORY .150
11 REFERRED COMMITTEE REPORTS ...... 162
12 NOTICE OF MOTION/RESCISSION...... 163
12.1 RESIDENTIAL ACCOMMODATION ABOVE COMMERCIAL PREMISES IN HIGH STREET MAITLAND NOTICE OF MOTION SUBMITTED BY COUNCILLOR ARCH HUMPHERY...... 163
12.2 WATER SHARING NOTICE OF MOTION SUBMITTED BY COUNCILLOR ARCH HUMPHERY...... 165
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13 QUESTIONS WITHOUT NOTICE ...... 166
14 URGENT BUSINESS ...... 166
15 COMMITTEE OF THE WHOLE...... 167
15.1 CBD LAND...... 167
15.2 MAITLAND GAOL ...... 168
15.3 PROFESSION OF AUTOMATIC TELLER MACHINE ...... 169
15.4 HUNTER INTEGRATED RESOURCES ACN 095 330 813 REPORT ON REGIONAL WASTE PROJECT TENDERS...... 170
15.5 BULL STREET DRAINAGE...... 171
15.6 PROVISION OF PLUMBING MAINTENANCE SERVICES ...... 172
15.7 RUTHERFORD TENNIS COURTS ...... 173
15.8 SUPPLY OF ELECTRICAL MAINTENANCE SERVICES ...... 174
15.9 SUPPLY & DELIVERY & SERVICING OF TYRES...... 175
16 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE ...176
17 CLOSURE...... 176
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PRESENT
1 INVOCATION
2 APOLOGIES
3 DECLARATIONS OF PECUNIARY INTEREST
4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING
• The minutes of the Ordinary Meeting of Council held 22 October 2002 be confirmed.
5 BUSINESS ARISING FROM MINUTES
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6 MAYORAL MINUTES
7 PUBLIC ACCESS
8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS
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9 ITEMS FOR INFORMATION
9.1 NEW HORIZONS PROGRAM
File No: 130/57/3
Responsible Officer: Tony Houlcroft Executive Manager Human Resources
Author: Tony Houlcroft Executive Manager Human Resources
EXECUTIVE SUMMARY Council’s New Horizons Program has received further recognition by being selected as a finalist in the Australian HR Awards 2002 in the Best Learning and Development Program category.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT The Australian HR Awards 2002 were presented in 16 categories at a high-profile “Oscars” style gala ceremony in Sydney on 25 October 2002.
Nominations for the Best Learning and Development Program Award sponsored by Pricewaterhouse Coopers had been sought from 13,000 HR managers and professionals and from appropriate government departments, professional bodies and public organisations. This award recognises those organisations who have improved employee skills, capabilities and performance, boosted motivation and helped focus staff on key organisational objectives.
40 nominations were submitted for the award and assessed by a panel of judges comprised of leading academics, members of relevant professional associations and public organisations, and representatives from government and private industry.
Finalists for the Best Learning and Development Program Award were: • AstraZeneca (a global pharmaceutical company) • Insurance Group Australia • Johnson & Johnson • Maitland City Council
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NEW HORIZONS PROGRAM (Cont.) • McDonalds Australia (the 2001 winner) With AstraZeneca being judged this year’s winner.
The success of the New Horizons Program over the past few years is a credit to many people including the General Manager, the management team, presenters, participants and the Human Resources team, specifically the Program Coordinator Belinda Clements.
New Horizons has achieved its objective of broadening employees’ horizons in terms of their potential contribution to Maitland City Council and their local government career.
New Horizons also attracted recognition for Council by winning the LGMA/Sydney Morning Herald Management Excellence Award for Progress in Staff Development in 2001.
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9.2 CORRESPONDENCE ANALYSIS
File No: 35/61
Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration
Author: Matthew Ryan Records Officer
EXECUTIVE SUMMARY This report contains information in relation to Council’s outstanding correspondence. The report is a valuable management tool within the organisation and provides information in relation to adherence to the guidelines for replying to correspondence.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT DOCUMENT FLOW October TOTAL Number of Documents Received 2339 2002 October TOTAL Number of Documents Sent 1660 2002 Note 1: The figures shown above relate to all documents received and sent by Council and include all property applications and items for information.
ACTIONABLE DOCUMENTS OUTSTANDING TOTAL Outstanding Over 30 Days 30/9/02 53 PLUS Actionable Items Received October 38 2002 LESS Outstanding Items Actioned October 38 2002 TOTAL Number of Outstanding Documents 31/10/02 53 Over 30 Days Note 2: Many of the documents received by Council are dealt with by formal processes, such as Development Applications. Council processes will trigger the necessary action, whether it is a response to a developer or result of a tender. These items are not included in this table. This table relates to documents that do not have a formal process and therefore acts as a safety net for actionable correspondence.
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CORRESPONDENCE ANALYSIS (Cont.)
ACTIONABLE DOCUMENTS BY CATEGORY • Approvals 11 • Customer Service Requests 1 • General 36 • Works/Projects 1 • Rating 4 TOTAL Outstanding Over 30 Days 31/10/02 53 Note 3: This table is a further dissection of the actionable documents. The full implementation of the Electronic Document Management System will provide an enhanced reporting facility.
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9.3 LODGEMENT OF GST WORKSHEETS
File No: 135/4/1
Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration
Author: Patricia Davies Accounting & Compliance Officer
EXECUTIVE SUMMARY This report provides information on Maitland City Council’s Section 355 Committees compliance with the Goods and Services Tax (GST) and the lodgment of their 2001/2002 financial accounts for year-end audit.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT As of the 1st of July 2000, Council was registered for the Goods and Services Tax, which meant that it now had a responsibility to remit monthly Business Activity Statements to the Australian Taxation Office (ATO).
The ATO has requested that NSW Treasury provide some assurance that NSW councils are meeting their GST obligations. To facilitate this the Department of Local Government requires auditors to provide an independent review on council GST management systems. An independent audit was conducted on Maitland City Council’s GST management systems by PriceWaterhouseCoopers, during which it was emphasised that council’s section 355 committees must provide monthly GST worksheets to council in order to satisfy the GST legislation.
Maitland City Council has since received a compliance certificate from the ATO indicating that we have been doing this on time and accurately. It also indicates that we have thorough and correct systems in place for the accounting of GST.
The majority of section 355 committees have achieved this compliance through the timely lodgement of GST worksheets to council at the end of each month. These GST worksheets provided council with GST information regarding income and expenditure of the committees and were incorporated into Maitland City Council’s BAS. Most section 355 committees met their requirement and actively participated.
However, we are now half way through 2002/2003 financial year and it appears that the following section 355 committees have not lodged a GST worksheet either on a quarterly or monthly basis. The committees have an obligation to remit their GST worksheets to council on time, for the period 1 July 2002 to 30 June 2003. Also, the
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LODGEMENT OF GST WORKSHEETS (Cont.) committees have an obligation to lodge their financial accounts for a year-end audit but unfortunately, as indicated below there are some committees which still have not lodged their books.
Any community hall or recreation group that has not lodged either a GST worksheet or their financial records for audit they are to contact Graeme Tolhurst, Group Manager Finance & Administration.
Books Lodged GST lodged for Section 355 Committee Councillor Worksheets Audit Bruce Street Community Hall Clr Fairweather YES YES Bolwarra/Largs Recreation Group Clr Galea NO YES East Maitland Community Centre Clr Geoghegan YES YES East Maitland Recreation Group Clr Garnham YES YES Lochinvar Recreation Group Clr Way NO NO Lorn Recreation Group Clr Galea NO NO Maitland Park Recreation Group Clr Leverence YES YES Metford Community Hall Clr Rolls YES YES Metford Recreation Group Clr Keating NO YES Morpeth District Museum Clr Rolls YES YES Morpeth Jazz Festival Clr Garnham YES YES Morpeth Recreation Group Clr Procter NO NO Morpeth School of Arts Clr Procter YES YES Pat Hughes Community Centre Clr Keating NO YES Rutherford Community Centre Clr Dark YES YES Rutherford Recreation Group Clr Burke NO NO Sportsground Recreation Group Clr Leverence NO YES Telarah Recreation Group Clr Dark NO NO Tenambit Community Hall Clr Garnham NO YES Tenambit Recreation Group Clr Geoghegan NO NO Thornton Recreation Group Clr Rolls NO YES Woodberry Recreation Group Clr Rolls NO YES Woodberry Community Hall Clr Rolls YES YES
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9.4 MONTHLY FINANCIAL REPORT - OCTOBER 2002
File No: 35/53
Attachments: (2) Statement of Financial Performance Statement of Financial Position
Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration
Author: Phil Freeman Manager Accounting Services
EXECUTIVE SUMMARY This report contains relevant performance data for Council. Besides being a valuable management tool, it is a performance reporting mechanism to the general community.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT The Statement of Financial Performance shows that at 31 October 2002 both revenues and expenses were in line with budget year to date figures.
The Statement of Financial Position shows that Council has net assets totalling $397,158,000.
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MONTHLY FINANCIAL REPORT - OCTOBER 2002 (Cont.)
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MONTHLY FINANCIAL REPORT - OCTOBER 2002 (Cont.)
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9.5 PERFORMANCE REPORT ON RATE ARREARS 1 JULY 2002 AS AT 31 OCTOBER 2002
File No: 117/13
Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration
Author: Annette Peel Revenue Accountant
EXECUTIVE SUMMARY This report details progress on the collection of rates from 2001/2002, as at 31st October 2002.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT
Results at Results at
31/10/02 30/09/02 Percentage of rates levied for 2001/2002 in arrears 7.31% 7.31% at 1st July 2002 Less rates collected to 31st October 2002 (3.30%) (2.74%) Percentage of rates levied for 2001/2002 in arrears 4.01% 4.57% at 31st October 2002
Rates arrears continue to be pursued through Council’s debt recovery agency and by Council’s debt maintenance officer. There has been a reduction in 2001/2002 rates arrears of 0.56% in the period 1st October 2002 to 31st October 2002.
Please note that the arrears figures above do not include current financial year rates that remain uncollected.
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9.6 COUNCIL'S HOMEPAGE STATISTICS
File No: 31/15
Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration
Author: Jon Dundas Manager Administration & Information Technology
EXECUTIVE SUMMARY This report provides statistics about Council’s web site. The statistics contained in the report allows Council to identify the type of services being accessed or used by the public and other organisations.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT August September October 2002 2002 2002 No. of visits to the MCC 6,418 7,620 7,857 website Web page with highest no. of Council Council Council visitors (not homepage) Information Information Information No. of rates paid electronically (depends on 214 117 40 instalment dates)
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9.7 DEVELOPMENT SURVEILLANCE PROGRAM: 2002-2003
File No: 103/7
Responsible Officer: Brad Everett Group Manager Service Planning and Regulation
Author: Emma Skelton Development Surveillance Officer
EXECUTIVE SUMMARY A Development Surveillance Program has been planned for the year ending June 30, 2003. This program will focus on three major projects in addition to the timely processing of all development related complaints. These projects are: the regulation of all “home activities” along Newcastle Road, East Maitland; the management of outdoor dining and signage in Swan Street, Morpeth and the establishment and implementation of an audit program for “extractive industries” within the local government area.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT In order to ensure the effectiveness of regulation of premises under the Environmental Planning and Assessment Act, 1979, it is essential that Council maintain a program of auditing approved premises to assess and ensure compliance with conditions of relevant approvals. Further, a proactive surveillance program to identify unauthorised activity and apply appropriate penalties and/or regulate the activity by requiring a Development Application will discourage such unauthorised activities and strengthen the integrity of Maitland’s environmental planning systems.
The recent commencement of Council’s Development Surveillance Officer (DSO) has resulted in the commencement of three major enforcement programs along with her assuming responsibility for the investigation of all development related complaints.
Details of the major projects are as follows:
1. Regulation/Audit of Home Activities in Newcastle Street, East Maitland. All approved Home Activities will be audited to ensure compliance with conditions of development consent – particularly the requirement that only persons permanently residing on the premises can undertake such activities. All non-approved activities within residential zones will be investigated to determine any exemptions from the development assessment process and, if not determined to be exempt, such activities will be required to lodge a DA
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Development Surveillance Program: 2002-2003 (Cont.) where the use is permissible within the zone. Enforcement action to address any prohibited activities operating within the zone will also be commenced.
2. Outdoor Dining and Signage in Swan Street, Morpeth All approved outdoor dining facilities will be audited to ensure compliance with conditions of approvals. Any identified outdoor dining facilities will be required to lodge an application for approval of footway dining. All non-complying signage will be identified and regulated as required. This project will need to progress in parallel to the Morpeth Management Projects related to streetscape.
3. Extractive Industries All approved extractive industries will be audited to assess compliance with conditions of consent. An audit report on each site will be prepared and copied to the operator of the industry along with a timetable requiring compliance where non-compliances have been identified. After each property has been audited, a “Industry Report” outlining general issues and reporting on levels of compliance will be prepared.
Enforcement Tools In order to implement an equitable and efficient Development Enforcement Program, the following tools may need to be utilised by Council’s DSO: 1. Notices of Intent and Orders under the Environmental Planning and Assessment Act (1979). All orders may be served by the DSO in consultation with Manager Approvals and Regulatory with the exception of those requiring demolition which must be approved by Group Manager Service Planning and Regulation. 2. Penalty Notices. Penalty notices (on-the-spot) fines of $600 for non-compliance with conditions of consent or the undertaken of unauthorised works/development and $1500 for the undertaken of prohibited works/development can now be issued under the EP&A Act. Such fines require the same level of investigation and evidence collection as the decision to prosecute but are a more effective tool for minor offences. The DSO will have authority to issue such penalty notices in consultation with Manager Approvals and Regulatory.
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9.8 HUNTER RIVER RELAY FOR LIFE
File No: 10/5
Responsible Officer: Tony Houlcroft Executive Manager Human Resources
Author: Tony Houlcroft Executive Manager Human Resources
EXECUTIVE SUMMARY Two Council teams participated in the Hunter River Relay for Life on 26 and 27 October 2002 and raised approximately $4,000 for cancer research.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT The Mayor and twenty five (25) employees accepted the challenge from the Cancer Council of NSW to participate in the 24 hour walking relay at Maitland Oval to celebrate people who have survived cancer, to remember those who have passed away and to raise funds for research into the causes and prevention of cancer.
The Council representatives raised approximately $4,000 from sponsorships, donations, raffles and lunchtime barbecues. The fundraising target was $2,000.
Our involvement in the Hunter River Relay for Life reflected favourably on Council. It was also a moving and enjoyable experience for the participants.
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HUNTER RIVER RELAY FOR LIFE (Cont.)
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9.9 ILLEGAL DUMPSITE CLEAN UP AND DETERRENCE GRANTS PROGRAM 2002 - 2003
File No: 61/32
Responsible Officer: David Simm Manager Environmental Programs
Author: Tim Crosdale Trainee Environmental Health and Building Surveyor
EXECUTIVE SUMMARY This report is to provide information on the success of Council in gaining grant funding through the Illegal Dumpsite Clean Up and Deterrence Program from Resource NSW. Through the first round of funding Council has secured $4950 to undertake a clean up and deterrence project in Brooklyn Park reserve at East Maitland and surrounding areas.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT In June 2002, Resource NSW launched the Illegal Dumpsite Clean Up and Deterrence Grants program, which made available a grant pool of $1.6 million to local councils and bushfire management committees to tackle illegal dumping in their local areas. The grants program was set up to support:
• The clean up and removal of material from illegal dumpsites in both urban and major fringe areas in Sydney, Hunter and Illawarra regions. • Deterrence measures at problem dumping sites including signage, bollards, lighting and restoration.
In recognition of the ongoing illegal dumping issue in Brooklyn Park Reserve and surrounding areas, Council made applications to both clean up the site and to install a number of deterrents. Council was successful in securing funding through both of these applications.
The projects will raise the profile of the illegal dumping issue in Maitland. The clean up project will be a demonstration of Council working along side the community to clean up areas in Maitland, through a community clean up day to be held on 14th December 2002. Deterrents will be installed soon after the clean up to ensure that the good work of the community is not undone through further dumping.
Council is making further applications for grant funding for similar projects at notorious illegal dumping sites across the Maitland area. If successful the projects
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Illegal Dumpsite Clean Up and Deterrence Grants Program 2002 - 2003 (Cont.) will be undertaken in early 2003. These projects will continue to raise the profile of illegal dumping issue in Maitland and facilitate community action against this ongoing threat to the environment.
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9.10 KEY PERFORMANCE INDICATORS – OCTOBER 2002
File No: 35/37
Responsible Officer: Brad Everett Group Manager Service Planning and Regulation
Author: Leanne Harris Manager Corporate Planning
EXECUTIVE SUMMARY This report provides Council with information in relation to performance against key indicators.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT This report is being developed as an integrated approach to regular monthly reporting against a set of core key performance indicators.
For performance indicators to be successful they should provide the Council with balanced advice as to its overall position across the organisation. From a corporate perspective the following types of performance measures are considered an appropriate basis for regular reporting:
• approval statistics (development applications / construction certificates) • overall financial performance • patronage of community services (libraries, art gallery, sporting facilities) • environmental achievements (eg success in promoting recycling) • staff related issues (eg number of full time equivalent staff) • customer service matters (including for example statistics on the customer request system, correspondence) • achievement against Council’s capital works program • levels of tourism and economic activity
These types of indicators align broadly with Council’s adopted Key Focus Areas and together provide an overall snapshot of the Maitland Local Government Area.
Whilst some of these measures are already available, others need to be further developed and systems introduced for automated collection and reporting of data. The aim is to gradually develop a performance management system that provides Council with the type and level of information it needs to guide allocation of resources and the strategic direction of the Council.
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Key Performance Indicators (Cont.) The aim of such reporting is to present the information in an informative and easily understood manner, so that Council can easily determine trends and / or anomalies that may require action. It is also intended that this type of reporting will provide an opportunity to highlight any key issues of particular importance to the Council.
Performance Indicator: Approval Statistics
Approval Statistics provide an indication of the level of building and development activity in the LGA, as well as the efficiency and effectiveness of our processing systems.
Data is presented showing trends over the last three months for the number of applications (DAs and CCs) lodged with Council, the number approved and the number that remain outstanding together with a comparison for the same period last year. Median processing days and the estimated value of the development is also presented.
The data indicates that slightly less development applications and construction certificates were lodged in October compared to September, however in both cases there were significantly more applications for this three month period than the equivalent period last year.
In both cases median days taken to process the applications are starting to increase and the total number of approvals being issued, compared to those being received are starting to show a negative trend. This in turn is increasing the total number of applications outstanding or ‘on hand’.
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Key Performance Indicators (Cont.)
DAs - Outstanding, Lodged & Approved 400
300
200
100
0 Aug 2001 Sep 2001 Oct 2001 Aug 2002 Sep 2002 Oct 2002
DAs Outstanding 207 280 241 304 325 365 DAs Lodged 158 150 188 189 240 232 DAs Approved 162 77 227 178 219 192
DAs Median days 35
30
25
20
15
10
5
0 Aug 2001 Sep 2001 Oct 2001 Aug 2002 Sep 2002 Oct 2002 DAs Median days 15 28 27 22 20 29
Estimated Value of Development
$26,000,000
$22,000,000
$18,000,000
$14,000,000
$10,000,000
$6,000,000 Aug 2001 Sep 2001 Oct 2001 Aug 2002 Sep 2002 Oct 2002
Estimated Cost $12,242,605 $9,305,057 $19,769,374 $13,023,746 $17,613,044 $23,771,095
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Key Performance Indicators (Cont.)
CCs - Outstanding, Lodged & Approved 350 300 250 200 150 100 50 0 Aug 2001 Sep 2001 Oct 2001 Aug 2002 Sep 2002 Oct 2002
CCs Outstanding 128 191 169 220 250 310 CCs Lodged 151 132 193 191 235 225 CCs Approved 157 69 215 187 205 165
CCs Median days 25
20
15
10
5
0 Aug 2001 Sep 2001 Oct 2001 Aug 2002 Sep 2002 Oct 2002 CCs Median days 13 14 23 16 15 22
Estimated Value of Construction
$20,000,000
$16,000,000
$12,000,000
$8,000,000
$4,000,000 Aug 2001 Sep 2001 Oct 2001 Aug 2002 Sep 2002 Oct 2002
Estimated Cost $12,725,953 $4,294,420 $17,336,481 $15,460,215 $17,352,859 $12,766,077
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Key Performance Indicators (Cont.)
Performance Indicator: Patronage of Community Services
Council has previously been provided with regular statistics in relation to use of both the libraries and art gallery. These have been re-formatted into a graphical presentation to more clearly identify the trends for patronage / usage at the various facilities. Previous reports have provided additional data in terms of minor financial transactions at the libraries. Given the overall operating budget of these facilities and the type of community service they are providing, such financial matters are not considered significant enough to represent core indicators. Various other statistical data is already being collected for these community facilities and further information can be developed in conjunction with the graphs presented.
Three monthly trends for the City’s libraries indicate that visitor numbers remain fairly constant at all branches, with some minor reductions in both September 2001 and September 2002. Trends across the branches are similar for both years.
LIBRARY VISITORS
20,000
15,000
10,000
5,000
0 Aug 2001 Sep 2001 Oct 2001 Aug 2002 Sep 2002 Oct 2002 Library Visitors City 10,143 8,201 9,385 9,408 7,979 8,536 East 4,762 3,960 4,256 4,551 3,946 4,536 Ruth 871 756 642 816 905 844 Thorn 2,759 2,143 2,263 2,895 2,359 2,947 Total 18,535 15,060 16,546 17,670 15,189 16,863
Art Gallery figures indicate that visitor numbers at the Art Gallery have remained reasonably constant over the last three months. There is a significant difference between the current figures and those recorded last year. This is thought to be due to the way in which the data is being collected. At present, visitors are recorded manually and depend on Art Gallery staff having the time and resources to accurately gauge attendance. This difference highlights the need for better management of the indicator and it is proposed to install an automatic people counter to provide consistent and reliable data on the number of visitors to the gallery. This will also assist Council in its future planning of Art Gallery services in the City.
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Key Performance Indicators (Cont.)
ART GALLERY VISITORS
1,600
1,400
1,200
1,000
800
600
400
200
0 Aug 2001 Sep 2001 Oct 2001 Aug 2002 Sep 2002 Oct 2002 Art Gallery Visitors 1,119 1,334 907 465 465 338
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9.11 LOCAL GOVERNMENT ASSOCIATION OF NSW - ANNUAL CONFERENCE
File No: 32/19
Responsible Officer: David Evans General Manager
Author: Graeme Tolhurst Group Manager Finance & Administration
EXECUTIVE SUMMARY This report details the recently held Annual Conference of the Local Government Association of NSW in Broken Hill.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT Broken Hill was the venue for the Annual Conference of the Local Government Association of NSW which was held 27 October to 31 October 2002.
The Mayor together with Councillors Dark, Garnham and Woods were Council delegates at the Conference with the Group Manager - Finance & Administration as an observer.
The opening address at the Conference was by Ms Rosanne Minchim which was followed by a reception held in Sturt Park.
The Conference addressed nearly 260 motions during the three days set aside for deliberation. They were categorised as follows:
• Bushfire and Emergency Services
• Community Planning and Services
• Finance and Economic Development
• Industrial Relations and Employment
• Law and Order
• Planning and Environment
• Roads and Transport
• Water Management
Page 26 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
LOCAL GOVERNMENT ASSOCIATION OF NSW - ANNUAL CONFERENCE (Cont.) • Policy Statements
One of the motions was the motion put forward by Maitland City Council concerning Noxious Weeds. This motion was passed unanimously by the conference to address the section of the Noxious Weeds Act relating to the issuing of Sections 18 and 20 notices. These notices are issued to landholders for the eradication of noxious weeds where it relates to infestation of an enclosed body of water. The issue is where an area of water is owned by a number of owners and the noxious weeds are floating and move after the issuing of any notice relating to a prescribed period. The unfair imposition on landholders who fulfil their obligation under the Act, and whose land is immediately reinfested by the actions of wind or water.
In addition the guest speakers at the Conference were:
• Premier, The Hon Bob Carr
• Minister for Transport, The Hon Carl Scully
• Minister for Local Government, The Hon Harry Woods
• Leader of the Opposition, The Hon John Brogden
• Federal Minister for Local Government, The Hon Wilson Tuckey
The Premier spoke about the effect of the drought and measures being put in place by the State Government. He reaffirmed the statement that the drought would affect everyone within the State, including the 40,000 jobs lost already.
The Minister for Transport addressed the Conference by asking for questions from the floor on specific transport issues. Some of the questions had been asked the previous year and were reiterated without success.
The Minister for Local Government addressed the Conference concerning the transfer of the Department of Local Government's office to Nowra. The building will be ready for occupation in January 2003. He also stressed about the need for Councils to meet the statutory deadlines and reminded Councils that it’s Financial Reports for 2001/02 were due at the Department of Local Government by 7 November 2002.
The State Opposition Leader identified a number of Local Government issues which will be part of the Oppositions platform for the election in March 2003. He spoke on SEPP 5 and other planning issues and the need, from the Opposition's point of view, for some changes in this area. He also spoke on the Opposition's commitment to rate pegging and identified that if elected his government would allow individuals or groups to put forward at the next Local Government elections the option of additional rate levies such as drainage or environment and for constituents to be able to vote at the election on this matter. The community would be able to vote on any projected rate increase.
The Federal Minister, Wilson Tuckey spoke on the opportunity for the Federal Government to bypass the States in direct funding to Local Government. He also
Page 27 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
LOCAL GOVERNMENT ASSOCIATION OF NSW - ANNUAL CONFERENCE (Cont.) identified the option of Local Government in the future looking after the Police, Hospitals and Schools. This statement caused a great deal of comment from the delegates.
Overall, the Conference was a good opportunity to gauge where the Association is at and the current issues as seen generally by Local Government.
I thank the Council together with the elected members for being able to represent Maitland City Council.
At the Conference Dinner, the Mayor of Maitland, Clr Peter Blackmore received the Emeritus Mayor Title Award.
The 2003 Conference will be held in Albury following the Local Government elections and will be held in Armidale in 2004.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 28 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
9.12 RTA INFORMATION PAPER ON REGIONAL ROAD FUNDS FOR LOCAL GOVERNMENT FOR 2002/03
File No: 92/6
Attachments: (1) Information Paper
Responsible Officer: Warwick Randall Manager Asset & Infrastructure Planning
Author: Warwick Randall Manager Asset & Infrastructure Planning
EXECUTIVE SUMMARY This report deals with the RTA information paper on allocation of funding for regional roads across the state and includes information on funding levels of each Council.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT The RTA has recently issued its annual information paper on funding for regional roads. The paper is attached as attachment 1 to this report.
Of note in this report are the following.
1. Council is receiving an allocation of $118,000 for the Regional Roads Repair programme this year, for rehabilitation of the section or Morpeth Road between Thompson Street and John Street.
2. When the federal government allocated funding from the GST to the states, it was conditional on the states maintaining existing programmes including the 3x3 programme at the current level of funding.
3. 3x3 funding could be applied to any road in the LGA, not just regional roads, with he concurrence of the RTA after submission of a project proposal. Their concurrence was not withheld, but was required to ensure a specific project was identified, and to avoid wasting the grant funding on routine maintenance work.
Page 29 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
RTA Information Paper on Regional Road Funds for Local Government For 2002/03 (Cont.)
4. Maitland City Council’s details are as follows:
Category Length 1994/95 2002/03 2002/03 Components regional grant grant road ($000) ($000) (Km)
Road Traffic Ex 3x3
URM 19 378 387 217 98 72
It should be noted that the figures for 1994/95 do not include the 3x3 grant, with the reduction in the amount for 2002/03 reflecting the effects of the revised formula discussed in the paper.
Page 30 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
RTA Information Paper on Regional Road Funds for Local Government For 2002/03 (Cont.)
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Page 31 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
9.13 SPECIAL EVENTS - REGULATION AND APPROVAL
File No: 150-5
Responsible Officer: Juliet Kauter Environmental Health Officer
Author: Scott McGufficke Senior Health & Building Surveyor (Regulatory)
EXECUTIVE SUMMARY Council has a Special Events Policy that provides for the control and regulation of certain special events such as large community social gatherings, one-off sporting events and the like. There are certain implications for Council and event organisers in regard to public health and safety that the Policy addresses.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT Council has in place a “Special Events Policy” that makes reference to various legislative requirements that impact on special events. The policy also establishes the requirements of Council in order for a person to obtain approval and the conditions under which the event is to be conducted in relation to public liability.
Particular consideration has also been given to the implications of the Occupational Health & Safety Act (OH&S Act) and in this regard:- • The event organiser, even if acting in a voluntary capacity, is regarded under the ancillary provisions of the OH&S Act as being an employer and is therefore subject to the requirements of this Act. • The provisions of the OH&S Act extend to persons at the workplace, even though they may not be covered by a strict Contract of Employment. In the context of a public parade, spectators and persons such as those who are working in stalls would be regarded as persons at the workplace and therefore the event organiser would be required to ensure compliance with the OH&S Act and Regulations. • The definition of premises extends to anywhere where the relationship of employer/employee or persons at the workplace might be present. Premises has an extended definition, basically regulated by the relationship of employer/employee or persons in the workplace. Therefore the route or location of the event may be defined as “the premises”. • Anyone present at the event with lawful intent must be regarded as a visitor to the premises. Visitors include event patrons, spectators and contestants or entrants.
Page 32 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
Special Events - Regulation and Approval (Cont.) It is important to note that the above provides, for the purposes of conducting a special event, that the event organiser (not Council) is considered to be the employer for the purposes of the OH&S Act.
Notwithstanding this fact, Council’s policy and standard letter of approval provide advice to this effect in consideration of Council’s role from both a community service function and liability issue in light of Section 22 and 23 of the Local Government Act (LGA) that confer particular functions upon Council. To this end, Section 89(3) of the LGA requires Council to consider (amongst other things) the public interest in determining an application for a special event, specifically:- • Protection of the environment; and • Protection of public health, safety and convenience; and • Any items of cultural and heritage significance which might be affected.
In summary:- • Council has regulatory functions conferred upon it in regard to ensuring public health and safety in the determination of an application to conduct a special event. • Council requires the event organiser to provide a $10M public liability insurance policy prior to the event approval being granted. • The provisions of the OH&S Act apply to the event organiser, not Council. • Council applies appropriate advisory conditions relating to the OH&S Act as part of the approval to conduct a special event.
Page 33 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
9.14 STATUS REPORT ON CAPITAL WORKS PROJECTS
File No: 122/813
Responsible Officers: Wayne Cone Group Manager, City works and Services
Brad Everett Group Manager, Service Planning and Regulation
Author: City Works and Services Consulting and Contracts
EXECUTIVE SUMMARY Council has a range of Capital Works Projects which are undertaken in house by the City Works and Services Group and externally by contract construction groups.
A report on the status of major construction works and projects within the 2002/2003 Capital Works Program is submitted for Council's information.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT Consulting and Contracts Management
1. High Street Maitland Black Spot Project
This Federal Government Black Spot funded project consists of the construction of traffic calming devices and significant landscaping works. Construction of civil works associated with the project have been completed by Alligator Civil Pty. Ltd. Landscaping works at Smyth Oval entry have been completed, with landscaping at the new roundabout underway by Alligator Civil and City Works and Services. The total project cost including building purchase and demolition is approximately $820,000 and is due for completion late November.
2. CBD Southern River Link
The project incorporates the demolition of 338 High Street Maitland and the construction of landscaping, paving, lighting and a colonnade structure with a total budget of approximately $280,000. Demolition and colonnade construction works have been completed. Paving, sandstone and landscaping works are currently underway with the works being constructed by Ron Cant due for completion in late November. Page 34 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
STATUS REPORT ON CAPITAL WORKS PROJECTS (Cont.)
3. Morpeth Amenities Building
Tenders have been called and awarded for the construction of a new amenities facility at Morpeth Sportsground. The old amenities facility has been demolished and the construction of the new building undertaken by C & W Constructions Pty. Ltd. Brickwork for the facility was constructed by Morpeth Junior rugby League Football Club. The project has now reached practical completion, with a total cost of $210,000.
4. Morpeth Road Shoulder Widening
The project consists of the construction of road shoulders, kerb and gutter and drainage along Morpeth Road at Raworth. The construction of Stage 1 and 2 works covering approximately 400m has reached practical completion. Cost of the project is approximately $480,000 and is being funded from the 2001/2 and 2002/3 rolling works budgets. Issues relating to the road surface and turf/topsoil areas have been raised with the contractor for the project, Trueway Transport Pty. Ltd. and are currently being resolved.
5. Rutherford Branch Library
A new branch library is to be constructed at Rutherford in the Rutherford Shopping Centre precinct. A tender has been awarded to Baker Kavanagh Architects for the design of the new building. A site for the library has now been determined with design work now underway. It is aimed to have a development application lodged prior to Christmas. The total project budget is $750,000.
6. High Street East Maitland Drainage Improvements
Design for Stages 1 and 2 of the East Maitland drainage improvement program have been completed by Council's consultants. Clashes with utility services have now been resolved with tenders for construction to be called shortly. The total budget for Stages 1 and 2 is $130,000.
7. CBD Canopy Structure
The design and manufacture of a canopy structure in Maitland Heritage Mall is complete. Demolition of the existing rotunda has also been completed. The contractor for the project, Skyspan Pacific Pty. Ltd. has completed installation of the canopy structure and pavement restoration works. The total project budget is approximately $170,000.
8. CBD Northern River Link
The project involves the demolition of existing planter boxes, regrading and repaving the river link and minor landscape works. total budget for the project is $35,000 with quotations currently being sought and construction to be timed to be completed by Christmas. Page 35 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
STATUS REPORT ON CAPITAL WORKS PROJECTS (Cont.)
9. Morpeth Boat Ramp and Toilet Facility
Council has received grant funding for the construction of a toilet facility at Queens Wharf, Morpeth ($110,000) and grant funding to compliment Council funding for improvements to the existing boat ramp at Morpeth ($210,000). An archaeological study has been undertaken for these two projects. A site for the toilet facility has been determined, with a development application lodged for the works. Feedback from the Heritage Office in regards to the archaeological study is required before detailed design on the boat ramp can proceed.
10. CBD 2002/03 Landscaping Projects
The works involve the refurbishment and updating of various existing traffic islands/kerb blisters along High Street at both ends of the Mall. The total project budget is $60,000 with design commenced and construction aimed to commence around December.
11. Bus Shelters
Council has received $155,000 grant funding for the construction of new bus shelters at Mitchell Drive, East Maitland, Elgin Street, Maitland and Maitland Post Office under the Country Public Transport Infrastructure Grants Scheme administered by Transport NSW. an architect has been engaged to design the shelters in Elgin Street and Maitland Post Office with design due to be complete by December and construction to commence in the new year.
12. CBD Post Office Forecourt
The project consists of refurbishment, repaving and landscaping works to the front of the CBD Post Office with a total budget of $50,000. The works are to be combined with the Bus Shelter project at this site with an architect engaged to produce construction drawings and specifications. It is aimed to commence construction early in the new year.
13. CBD Western Entry
A budget of $380,000 has been made available for the construction of improvements to the CBD western High Street entry. The works will likely involve significant landscaping, traffic islands and threshold treatments. Preliminary design works have commenced with construction aimed for around February/March, 2003.
14. Steamfest Hardstand Area
Concept details for a hardstand area to be used during Steamfest have been provided to the Local Traffic Committee for information with general feedback received. Comments on the proposal have been sought and received from the
Page 36 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
STATUS REPORT ON CAPITAL WORKS PROJECTS (Cont.) RTA. Detailed survey of the site has been completed with formal design almost complete. The total budget for the project is $20,000.
15. Melbourne Street Upgrading Stage 3
Design options are currently being investigated for footpath upgrading in Melbourne Street allowing for the heritage character of the area. Design is anticipated to be complete by December with construction in the new year. The total project budget is $70,000.
16. Railway Avenue Reconstruction
The works involve the reconstruction of Railway Avenue between Eurimbla and Karuah Streets and the construction of traffic islands to facilitate safer pedestrian crossing points. The total project budget is $475,000. Geotechnical investigation and design is complete with engineering design currently underway. Design is to be complete by early December with tenders for construction to be called in January for awarding at the February Council meeting.
CITY WORKS & SERVICES
Civil & Building Works
The status of the construction projects within the 2002/2003 Rolling Works Program, as of 8th November 2002, is as follows.
1. Bridge Construction
1.1 Campbells Bridge
Work is progressing on the construction of a large concrete box culvert to replace the timber bridge on Maitland Vale Road near Campbells Road. The insitu base slab has been poured and the culvert crowns are presently being placed on the base slab. Over the next few weeks the headwalls will be formed up and poured. The project is scheduled for completion in late January at an estimated cost of $101,000.
2. Drainage Construction
2.1 John Street, East Maitland
This project involved the removal of 200 metres of 300mm diameter pipeline and the installation of a new 375mm diameter pipeline in John Street in front of the courthouse. Work commenced in late September and was completed in late October at an approximate cost of $47,000.
2.2 Glover Street, East Maitland
Page 37 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
STATUS REPORT ON CAPITAL WORKS PROJECTS (Cont.) Seventy (70) metres of stormwater pipeline has been laid in Glover Street in the vicinity of Thompson Street. Work commenced in early September and took a fortnight to complete. The approximate cost of the works was $30,000.
2.3 Bunning Avenue, Rutherford
Modifications will be made to the existing stormwater pipeline system in Bunning Avenue over the next few weeks. The works consists of three additional lengths of pipeline and alterations to several pits. The cost of the works is estimated to be $23,000.
3. Footpath Construction
3.1 Edward Street, Tenambit
Work will commence in mid November on the construction of a concrete footpath along the eastern side of Edward St, between Frater Avenue and Robert Street. The project will take approximately a fortnight to complete at an estimated cost of $14,500.
3.2 Taylor Avenue, Thornton
A concrete footpath is to constructed along the north-eastern side of Taylor Avenue, from the existing path near Thomas Coke Drive to Bunbury Street. The work is scheduled to commence in mid January and be completed prior to the end of the school holidays. The estimated cost of the project is $14,500.
4. Footpath Construction (Access Priority Program)
4.1 Mitchell Drive, East Maitland
A reinforced concrete footpath has been constructed along Mitchell Drive from the existing path at Brisbane Street to Blackett Close. The work commenced in late October and took a fortnight to complete. The estimated cost of the works was $14,000. A concrete footpath will be constructed from the cul-de-sac in Blackett Close to the intersection of Mitchell Drive and Brisbane Street early in the new year.
5. ‘Urban Local Roads’ Reconstruction
5.1 Tocal Road and Paterson Road intersection
The reconstruction of this intersection is now complete. The approximate cost of the works was $532,000, being more than the estimate amount of $408,000, due to the higher than expected cost of relocating several of the utility services.
5.2 Victoria Street, East Maitland Page 38 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
STATUS REPORT ON CAPITAL WORKS PROJECTS (Cont.)
The reconstruction of the pavement in Victoria Street, between the New England Highway and Rous Street, has commenced. The subsoil drainage pipelines have been laid and pavement works will commence next week with the project anticipated completion date in late December. The estimated cost of the works is $285,000.
6. New Works - Urban
6.1 Denison Street, Bolwarra
The eastern end of Denison Street has been reconstructed with the addition of a turn-around area. The work included extra drainage structures and rollover kerb and guttering. Construction commenced on 10th September and was completed on the 18th October at an approximate cost of $37,000.
6.2 Porter Avenue, East Maitland
Reconstruction of Porter Avenue between Brisbane Street and Rous Street commenced on 16th September. The project included the installation of kerb and guttering and rehabilitation of the pavement. The project took approximately 4 weeks to complete at an approximate cost of $130,000.
6.3 Bayswater Road, Bolwarra Heights
New kerb and guttering has been constructed on both sides of Bayswater Road, the pavement rehabilitated and bitumen sealed, in the vicinity of Kensington Road. Construction commenced in early October and was completed at the end of October at an approximate cost of $25,000.
6.4 Alliance Street, East Maitland
The reconstruction of the section of Alliance Street between Lawes Street and Bruce Street was commenced in mid October and finalised in early November. The work which included new kerb and guttering, rehabilitation of the road pavement and bitumen sealing, cost approximately $78,000.
7. Urban Rehabilitations
Preparation work, including replacing sections of failed kerb and gutter, and repairing pavements failures, commenced in mid October ready for stabilisation next year: The streets prepared to date are:
- Collinson Street, Tenambit - Goldingham Street, Tenambit
Page 39 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
STATUS REPORT ON CAPITAL WORKS PROJECTS (Cont.) Berkley Street, Morpeth was rehabilitated and resurfaced in early November.
8. Rural Reseals
8.1 Duckenfield Road, Morpeth and Millers Forest
The section of Duckenfield Road from the timber bridge westward for 1,200 metres towards McFarlanes Road has been resealed at an approximate cost of $38,000.
Also, the section of Duckenfield Road west of Scotch Creek Road for 700 metres, was resealed at an approximate cost of $19,000.
8.2 Phoenix Park Road, Phoenix Park
Preparation for the resealing of the section of Phoenix Park Road from Morris Road to the levee bank has been completed. The bitumen resealing will be undertaken by contractors as part of the reseal programme in November/December. The estimated cost of the reseal is $68,000.
9. Urban Reseals
The following reseals from the 2002/03 urban reseal program have been completed:
- Barralier Avenue, Woodberry - Collinson Street, Tenambit - Reid Street, East Maitland - Government Road, Thornton - Reilly St, Elizabeth St, Thornton - Geddes Close, Thornton - Matai Close, Thornton - Haussman Drive, Thornton - John Street, East Maitland - Flinders Street, East Maitland
Preparation works have been completed on the following streets:
- Galway Crescent, Metford - Thompson Street, East Maitland - Metford Road, Tenambit - Maize Street, Tenambit - Kepple Close, Ashtonfield - Brampton Close, Ashtonfield
Preparation works are in progress on the following streets:
- Lawes Street, East Maitland Page 40 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
STATUS REPORT ON CAPITAL WORKS PROJECTS (Cont.) - Turnbull Drive, Hectors Hill Close, East Maitland
Bitumen resealing will be undertaken through October to March 2003. The total value of this year’s urban reseal program is $600,000.
10. Rural Reconstruction
10.1 Windermere Road, Lochinvar
Reconstruction of 575 metres of existing failed pavement approximately 1 kilometre north of Luskintyre Road is now complete. The approximate cost of the works was $25,000.
11. Section 94 Projects
11.1 Woodberry Skateboard Facility Extension
The existing concrete slab for this facility has been extended by 2.5 metres. The work was undertaken in early November at an approximate cost of $7,500.
Waste & Recreation Services
1. Additional Gardening Crew
Interviews have been conducted, selected staff to commence employment tentatively on the 25th November, 2002. Cost to employ the additional gardening crew approximately $105,000.
2. Council Initiative – East Maitland Pool Playground
Playground has been installed at East Maitland Swimming Pool at an approximate cost of $23,755.
3. Landscaping Works – High Street, Maitland
Landscaping traffic calming scheme at High Street, Maitland is being been undertaken to enhance the CBD. Works on-going. Current expenditure as at 11th November, 2002 is $196,755.
Page 41 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
10 OFFICERS REPORTS
10.1 GENERAL MANAGER
10.1.1 HUNTER RIVER COUNTRY TOURISM ADVISORY GROUP
File No: 139/7
Responsible Officer: Roger Stephan Executive Manager Economic Development and Marketing
Author: Roger Stephan Executive Manager Economic Development and Marketing
EXECUTIVE SUMMARY The purpose of this report is to seek Council endorsement of a replacement for the Morpeth Jazz Festival representative on the Hunter River Country Tourism Advisory Group.
OFFICER'S RECOMMENDATION THAT Mr Andrew Keating be confirmed as the Morpeth Jazz Festival representative on the Hunter River Country Tourism Advisory Group
REPORT The Hunter River Country Tourism Advisory Group was formed as part of the fundamental rebranding of tourism services and provision within and for Maitland City.
Given the importance of events within our local tourism calendar and strategy, the Morpeth Jazz Festival was given representation on the group and Mr Charles Pope, then Chairperson of the Festival Co-ordinating Committee, was endorsed by Council for Advisory Group membership.
With Mr Pope’s resignation for business reasons from group membership a casual vacancy has been created with Mr Andrew Keating – member of the Jazz Festival Committee and General Manager of the Country Comfort Monte Pio Motel – nominated as his replacement. It is this nomination that is now forwarded to Council for formal approval.
FINANCIAL IMPLICATIONS There are no financial implications arising from this report
Page 42 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
Hunter River Country Tourism Advisory Group (Cont.) POLICY IMPLICATIONS There are no policy implications arising from this report
STATUTORY IMPLICATIONS There are no statutory implications arising from this report
Page 43 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
10.1.2 HUNTER VALLEY STEAMFEST
File No: 35/21/1
Responsible Officer: Roger Stephan Executive Manager Economic Development and Marketing
Author: Roger Stephan Executive Manager Economic Development and Marketing
EXECUTIVE SUMMARY The purpose of this report is to seek Council endorsement of the formal dissolution of the Hunter Valley Steamfest Committee as a committee of Council and approval – within the context of the incorporation of the Hunter Valley Steamfest and Steam Heritage Park as accountabilities of the Economic Development and Marketing Division – of the strategic role and membership of a new Hunter Valley Steamfest Advisory Board.
OFFICER’S RECOMMENDATION THAT:
1. The statements of roles and membership of the Hunter Valley Steamfest Advisory Board be confirmed
2. Council seek formal nomination of member representatives by the agencies and organisations nominated within this report
3. A report be provided to the January 2003 Meeting to Council on required agency nominations and other matters relating to the development of Hunter Valley Steamfest and the Steam Heritage Park
REPORT In September 2002 a report was provided to Council on recent developments in regard to the Rail Heritage Park funding to be provided by the NSW Government and the strategic response of the Hunter Valley Steamfest Committee to the Heritage Park initiative and to issues such as the growth of the annual Steamfest event.
As a consequence of its consideration of the September report and of the business plan framework developed by the Steamfest Committee, Council resolved amongst other measures to fundamentally change the status of the Committee from a position of delegated authority to that of an advisory, strategic body (“Board”) providing guidance for the implementation of steam heritage activities by Council’s Economic Development and Marketing Division.
Page 44 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
Hunter Valley Steamfest (Cont.) Membership of the Hunter Valley Steamfest Advisory Board (HVSAB)
The creation of an advisory board freed from day to day operational considerations is the central enabling strategy within the adopted business plan framework.
Given the state and regional implications of activities such as the Heritage Park proposed within the framework it is considered critical that the Advisory Board comprise representation of relevant state government agencies and local stakeholders as well as Maitland City and Maitland City Council.
On that basis, the following membership is recommended:
• The Mayor of Maitland City or Councillor nominee as Chairperson • A steam enthusiast nominated by the former Hunter Valley Steamfest Committee • The NSW State Rail Authority’s Heritage Advisor • A nominee of the Hunter Valley Training Company • A representative of Tourism NSW • A representative of the Maitland Chamber of Commerce and Industry • A major tourism provider to be nominated by the Hunter Regional Tourism Organisation • Maitland City Council’s Executive Manager Economic Development and Marketing, Manager Tourism and designated HVS Executive Officer (Maitland City Council staff member) as ex officio members
It is understood that each of the external organisations listed above has interest in becoming part of the advisory board.
Strategic Roles
Given that day to day operational accountability now rests with the Economic Development and Marketing Division, the role of the Advisory Board is to recommend and review strategic direction, partnerships and business activities.
On that basis, and within the context of the wider responsibilities of the Hunter River Country Tourism Advisory Group and of Council itself, it is proposed that the roles of the Board comprise:
1. Establishment and review of a broad strategic plan for the development, of Hunter Valley Steamfest as an event of regional and state significance
2. Establishment and review of strategies to enable the contribution on a year round basis of steam heritage tourism activities within Maitland City and the wider Hunter Region
3. Establishment of strategic partnerships with State and local steam heritage organisations
Page 45 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
Hunter Valley Steamfest (Cont.) 4. Identification of opportunities for the establishment of new steam heritage events and activities
5. Feedback on the operation of working parties established – within the business plan framework of Hunter Valley Steamfest – to oversight key steam heritage initiatives.
CONCLUSION
The change in operational status of Hunter Valley Steamfest and related steam heritage activities is a prelude to a series of initiatives aimed at cementing steam heritage as a year round major contributor to steam heritage tourism and preservation within the Hunter Region. Endorsement of the roles and membership of the Advisory Board as detailed above is therefore strongly recommended.
FINANCIAL IMPLICATIONS There are no financial implications arising from this report
POLICY IMPLICATIONS There are no policy implications arising from this report
STATUTORY IMPLICATIONS There are no statutory implications arising from this report
Page 46 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
10.1.3 ANNUAL REPORT
File No: 35/36/6
Responsible Officer: David Evans General Manager
Author: Graeme Tolhurst Group Manager Finance & Administration
EXECUTIVE SUMMARY This report tables the Annual Report required under Section 428(1) of the Local Government Act 1993.
OFFICER'S RECOMMENDATION THAT the Annual Report of Council 2001/2002 be received and noted.
REPORT Section 428(1) of the Local Government Act, 1993, provides:
"Within 5 months after the end of each year, a Council must prepare a report with respect to the objectives and performance targets set out in its Management Plan for that year."
The Annual Report for 2001/2002 has been completed together with a separate "State of the Environment Report" report. Both documents are tabled and are also available via the Internet and Intranet.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS Requirements of the Local Government Act 1993 regarding Annual Reports have been compiled with.
Page 47 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
10.2 FINANCE AND ADMINISTRATION
10.2.1 PRESENTATION OF AUDITED FINANCIAL REPORTS AND AUDITOR’S REPORTS FOR YEAR ENDED 30 JUNE 2002
File No: 2/10
Attachments: (1) Audited Financial Reports and Auditor's Reports for Year Ended 30 June 2002
Responsible Officer: Graeme Tolhurst Group Manager Business & Finance
Author: Phil Freeman Manager Accounting Services
EXECUTIVE SUMMARY Section 419 of the Local Government Act, 1993, requires Council to present its audited financial reports, together with the auditor’s reports, to the public.
OFFICER'S RECOMMENDATION THAT the audited financial reports, together with the auditor’s reports, for the year ended 30 June 2002 be presented to the public.
REPORT At the Council meeting of 22 October 2002 the financial reports for the year ended 30 June 2002 were presented to Council.
Council, at that meeting, authorised the Mayor, General Manager, Deputy Mayor and the responsible Accounting Officer to sign the reports. Council also resolved to place the reports on exhibition and to notify the public of the proposal to adopt the 2001/2002 financial reports at this meeting.
The financial reports will be available at Council’s administration building for inspection until 27 November 2002. Written public submissions can be made to Council until 3 December 2002.
A copy of the audited financial report and the auditor’s reports is attached.
FINANCIAL IMPLICATIONS The audit of the 2001/2002 financial reports was covered within Council’s Management Plan.
Page 48 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
PRESENTATION OF AUDITED FINANCIAL REPORTS FOR YEAR ENDED 30 JUNE 2002 (Cont.) POLICY IMPLICATIONS This report has no policy implications for Council.
STATUTORY IMPLICATIONS Council’s financial reports have been compiled under Section 416 of the Local Government Act, 1993. The presentation of the financial reports and auditor’s reports is required under Section 419 of the Local Government Act, 1993.
Page 49 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
10.2.2 QUARTERLY BUDGET REVIEW - SEPTEMBER 2002
File No: 2/8 & 35/55
Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration
Author: Graeme Tolhurst Group Manager Finance & Administration
EXECUTIVE SUMMARY This report reviews Council's financial position as at 30 September 2002. Council on 11 June 2002, adopted the Management Plan 2002/2003. The Management Plan included the budget, which provided a surplus of $228,422. The projected surplus as at 30 September 2002 is $42,331.
OFFICER'S RECOMMENDATION THAT the variations for the September 2002 quarter be approved and form part of the Management Plan 2002/2003.
REPORT The format of this budget review is in the same format as the Annual Financial Statements. These Financial Statements are contained within the monthly management reports (see Items for Information). The Group Managers are continuing to monitor their respective areas and identify opportunities for generation of income and anticipate any over-expenditure within their area of responsibility.
Increase in Income $ Total
(1) Grant - Financial Assistance Grant 336,952 (2) ULR Grant - Construction Local Roads 28,708 (2) ULR Grant - Rehabilitation Local Roads 28,708 (3) RTA Grant - Traffic Facilities 21,000 (4) RTA Grant - Regional Roads Block Grant 124,080 (5) Grant Income - Domestic Violence 4,144 (6) Hunter Water Corp Contributions 215,742 (7) Tosser Campaign EPA Litter Grant 5,000 (8) Rate Income 70,000 (9) Economic Development Reserve 20,000
$854,334
Page 50 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
QUARTERLY BUDGET REVIEW - SEPTEMBER 2002 (Cont.)
Increase in Expenditure $ Total
(2) Pavement Repair - Urban Sealed Roads 28,708 (2) ULR Programme 28,708 (3) RTA Traffic Facilities Expenditure 21,000 (4) Classified Regional Roads Maintenance 124,080 (5) Domestic Violence 4,144 (6) Construction Local Roads 215,742 (13) Maitland & East Maitland Pools 37,000 (10) Cessnock Bushfire Appeal 13,000 (11) Australia Day Expenses 5,000 (12) Glebe & Oakhampton Cemetery Maintenance 3,080 (1) Recreation Study 25,000 (9) Marketing Expenses - Funded from Econ Dev Res 20,000 (14) Couriers & Deliveries 2,000 (15) Workers Compensation Premium 269,063 (7) Grant - EPA Litter Expenses 5,000 (16) Completion of Final State of Fauna Modelling 4,900 (17) Drainage Issues in Millers Forest area 44,000 (18) Marketing Officer 50,000 (19) Greening Plan 140,000
$1,040,425
Item
(1) Increase in Local Government Financial Assistant Grant for 2002/03. (Reported to Council 27/8/2002) (2) Increase in Road Funding under the Local Government Financial Assistance Grant for 2002/03 (Reported to Council 27/8/2002) (Contra) (3) Increased funding for traffic facilities form the RTA (Contra) (4) Increased funding for Regional Roads Maintenance from the RTA (Contra) (5) Increased grant funding for Domestic Violence (Contra) (6) Contribution from Hunter Water Corporation for relocation of Water Mains (Contra) (7) Grant for Anti Litter Campaign (Contra) (8) Increase rate income through additional subdivisions within the Local Government Area (9) Printing of a prospectus materials and costs associated with marketing of Council and the City through media and Government Departments relocating to the City. (10) Donation to the Cessnock Bushfire Appeal (11) New initiatives identified by the Australia Day Committee that required additional monies. (12) Additional monies required for maintenance of Glebe and Oakhampton Cemetery (13) Urgent Maintenance Work required on both Maitland and East Maitland Pools prior to the opening of the pool season. (14) Costs associated with transporting cash from the Visitors Centre Page 51 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
QUARTERLY BUDGET REVIEW - SEPTEMBER 2002 (Cont.) (15) Additional Workers Compensation Premiums as identified in the Council report of the 23 July 2002. (16) Completion of Final State of Fauna Modelling. Reported to Council 24/9/2002. (17) Drainage issues in the Millers Forest Area to be addressed. Reported to Council 22/10/2002. (18) Marketing Officer position within Council reinstated. Council meeting 27/8/2002. (19) The extraordinary Council meeting of the 11 June 2002 identified monies from the surplus to be additional for the Greening Plan. The amount is $140,000, which together with $300,000 from the Economic Development Fund and $40,000 from identified pensioner rebates, the total will be $480,000.
Economic Indicators
For the last twelve months the Region’s economy has been characterised by strengthening consumer demand and a positive business environment. Despite these conditions, the labour market did not show the improvement that was widely expected. Until now. Combined with rising employment, the Region’s unemployment rate is now the lowest it has been since the current labour force series began in 1986.
In the short term (last quarter of 2002) economic activity should remain strong. However, recent movements in the HLI suggest a turning point in the economic cycle is approaching. Although the HLI is increasing, the rate of increase is slowing. This suggests the likelihood of weakening economic activity, probably becoming evident in the second or third quater of 2003.
FINANCIAL IMPLICATIONS The items identified in this budget review will form part of the Management Plan.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS The Local Government (Financial Management) Regulation 1999, Part 2, Clause 7, requires Council to prepare and submit to the Council a budget review statement no later than two months after the end of each quarter.
Page 52 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
10.2.3 STATEMENT OF INVESTMENTS HELD AS AT 31 OCTOBER 2002
File No: 82/2
Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration
Author: Annette Peel Revenue Accountant
EXECUTIVE SUMMARY The Local Government (Financial Management) Regulation 1993, section 19(3)(b) requires Council to report on its investments.
OFFICER'S RECOMMENDATION THAT the report be received and noted.
REPORT Inv. Institution Int. Date Term Maturity Amount No. Rate Investe (Days) Date $ d 971 Macquarie 4.51% 31/08/01 ## When 2,513,632.07 Diversified required Treasury Fund++ 972 Deutsche 3.46% 31/08/01 ## When 2,552,457.98 Cash Plus required Fund++ 980 UBS 0.58% 28/09/01 ## When 2,617,290.14 Investment required Funds++ 1065a Bendigo Bank 6.88% 28/07/02 92 28/10/02 500,000.00 Ltd 1070 Adelaide Bank 6.50% 7/08/02 54 30/09/02 500,000.00 Ltd 1074 Bank of 6.185% 22/08/02 78 8/11/02 1,000,000.00 Queensland 1075 Société 8.13% 26/08/02 147 20/12/02 1,000,000.00 Generale Aust. Ltd 1077 Westpac 5.10% 2/09/02 30 2/10/02 500,000.00 1078 Bankwest 4.93% 4/09/02 36 10/10/02 1,000,000.00
Page 53 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
STATEMENT OF INVESTMENTS HELD AS AT 31 OCTOBER 2002 (Cont.)
1080 Maitland 5.90% 11/09/02 91 11/12/02 1,500,000.00 Mutual Building Society ** 11am Local Govt 4.65% 30/10/02 ## When 5,000.00 Financial required Services 1084 Adelaide Bank 6.37% 30/09/02 63 1/12/02 500,000.00 Ltd 1085 Savings & 5.20% 10/10/02 32 11/11/02 1,000,000.00 Loans Credit Union 1086 Bank of 6.14% 15/10/02 27 8/11/02 1,000,000.00 Queensland 1088 Maitland 5.00% 24/10/02 35 28/11/02 500,000.00 Mutual Building Society 1089 Adelaide Bank 6.30% 25/10/02 67 31/12/02 1,000,000.00 Ltd 1091 St George 4.80% 30/10/02 ## When 50,000.00 Bank required TOTAL $17,738,380.19 ** Subordinated note – interest rate reviewed on the 11th of each quarter. ++ Investments held by Funds Managers. As investments are managed on a daily basis, interest rates have been calculated on a % per annum. ## These funds are not held on a fixed term. The funds are redeemed as and when required.
As a Comparison:
Investments held as at the end of last month (i.e. 30/09/02) were $16,769,632.80
Investments held this time last year (i.e. 31/10/01) were $14,150,000.00
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS The above sums have been invested in accordance with: • Section 625 of the Local Government Act, 1993
Page 54 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
STATEMENT OF INVESTMENTS HELD AS AT 31 OCTOBER 2002 (Cont.) • The regulations pertaining to the Local Government Act, 1993 • Council’s Investment Policies.
Page 55 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
10.2.4 AMENDMENTS TO MAITLAND CITY COUNCIL'S ARREARS OF RATES POLICY
File No: 117/13
Attachments: (1) Arrears of Rates Policy
Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration
Author: Annette Peel Revenue Accountant
EXECUTIVE SUMMARY This report proposes amendments to Maitland City Council’s Arrears of Rates Policy.
OFFICER'S RECOMMENDATION THAT Council adopt the proposed amendments to the Arrears of Rates Policy.
REPORT In order to more diligently and effectively pursue the recovery of outstanding rates, Council’s policy on Arrears of Rates has been reviewed. The last date of review for this policy was 27 April 1993.
It is proposed to replace clause 1 in the current policy with the following clause:
“Legal proceedings are to commence against ratepayers for the recovery of overdue rates if the current instalment is not paid by the due date, unless alternative arrangements have been made for payment by mutual agreement with Council’s rating staff.”
The above amendment will allow Council’s Debt Maintenance Officer to pursue the recovery of outstanding rates before the amount of the arrears becomes excessive. This will be to both the benefit of Council, as rates will be recovered in a timelier manner, and the ratepayer, who will not be faced with the daunting task of paying off a large debt, which can often be beyond the means of many ratepayers. If the recovery action commences before the debt grows too large the ratepayer can pay off the rates in a reasonable amount of time.
It is also proposed to insert an additional clause in the current policy as follows:
“Arrangements for payment of rates arrears will not be accepted if the ratepayer has previously made arrangements for payment and has defaulted on those arrangements on three occasions. A ratepayer will be considered in default of an arrangement if two or more subsequent payments are not made, or if payments are
Page 56 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
PROPOSED AMENDMENTS TO MAITLAND CITY COUNCIL'S ARREARS OF RATES POLICY (Cont.) not made on a regular basis. A ratepayer will also be considered to have defaulted on an arrangement if regular payments that are made are not of the agreed amount.”
Attempts to recover rates arrears are being hindered by ratepayers who have significant debts to Council and are stalling the legal recovery process by making arrangements with Council that the ratepayer is then not adhering to. The inclusion of the above clause in the Arrears of Rates policy is an attempt to encourage ratepayers with arrears of rates to adhere to arrangements that they make with Council and therefore increase Council’s rate of collection of arrears.
At 30th June 2002 Maitland City Council’s rates arrears were 7.49%. This compares with 5.70% at Cessnock City Council, 5.00% at Port Stephens Council and 2.82% at Lake Macquarie Council. It is believed that with an updated Arrears of Rates policy Council’s Debt Maintenance Officer will be able to more actively pursue outstanding rates, this should then lead to an improvement of this figure.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This report will amend a policy of Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 57 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
10.3 SERVICE PLANNING AND REGULATION
10.3.1 023112 – ERECTION OF BULKY GOODS WAREHOUSE, STORAGE YARD, CARPARK AND OUTDOOR PLANT NURSERY - LOT 13 DP746311, BUNGAREE STREET, MAITLAND.
File No: DA 023112 Attachments: (2) Locality Plan Site Layout of Proposal
RESPONSIBLE OFFICER: BRAD EVERETT Group Manager Service Planning and Regulation Author: Darryll Quigley Acting Senior Development Assessment Planner Applicant: Kilcor Commercial Pty., Ltd. Proposal: Bulky Goods Salesroom (Bunnings Warehouse). Location: Lot 13, DP 746311, Bungaree St., Maitland, Lot 1, DP 421090, Johnson St., Telarah & Lot 11, DP 835102, 2A Johnson St., Telarah. Zone: 4(b) Light Industrial
EXECUTIVE SUMMARY Development consent is sought from Council for the construction of a bulky goods salesroom (Bunnings Warehouse) at Bungaree and Johnson Streets, Telarah / Maitland. The subject land is zoned 4(b) Light Industrial under Maitland Local Environmental Plan, 1993.
A bulky goods salesroom is a permissible form of development in the 4(b) Light Industrial zone with Council consent and is not inconsistent with the objectives of the zone.
The Development Application is “Integrated Development” under the Environmental Planning and Assessment Act, 1979. Accordingly, the Council cannot grant consent to the development until such time as the Department of Land and Water Conservation (DLWC) have made a determination as to whether or not to issue their general terms of approval. In this regard numerous on-site meetings and discussions have been held including the applicant, their consultants, Council staff and DLWC, however a final determination is pending.
In terms of Council’s role, Council staff have assessed the application and find it satisfactory in terms of the relevant heads of consideration listed under Section 79C of the Environmental Planning and Assessment Act, 1979.
Page 58 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002 txtBox3_p1 Erection of Bulky Goods Warehouse, Storage Yard, Carpark and Outdoor Plant Nursery – Lot 13 DP 746311, Bungaree Street, Maitland (Cont)
Under normal circumstances the Council’s planning assessment would be finalised and formal consent issued under delegated authority upon receipt of the DLWC terms of approval. However, in this case, the value of the development ($6.55 million) exceeds the level of delegated authority issued to the General Manager by the Council. Whilst the applicant acknowledges the advice from Council Officers that the application is considered to have merit, they seek formal consideration by the full Council in order that once the DLWC are satisfied, that development consent can be issued as soon as possible thereafter. This report is presented to Council in order for Council to review the application and, if considered satisfactory, delegate authority to the General Manager to determine the application, upon receipt of general terms of approval from the Department of Land & Water Conservation.
OFFICER'S RECOMMENDATION THAT Council:
(i) Note the contents of this report.
(ii) Delegate authority to the General Manager to determine the application once the outstanding matters before the Department of Land & Water Conservation (DLWC), have been resolved and Council receives documentation providing their 'general terms of approval'.
REPORT
INTRODUCTION The subject land is zoned 4(b) Light Industrial under Maitland Local Environmental Plan (MLEP) 1993. The proposed development is defined under MLEP 1993 as a “bulky goods sales room” and is permissible in the zone with Council’s consent.
BACKGROUND The subject site is currently vacant industrial land, located behind the existing “Beaurepaires – Tyre Centre” on the corner of Johnson & Bungaree Streets, Maitland. The site extends westward to the northern railway line and was once used as the stockyards for the Maitland Cattle Sales.
PROPOSAL The development application proposes the erection of a bulky goods salesroom (Bunnings Warehouse), which will comprise of the warehouse area (7387 m²), trade area (3484 m²), nursery area (1752 m²), 298 car parking spaces and landscaping.
The building will be the standard Bunnings Warehouse design, approximately 11.0 metres high and predominantly green in colour.
Page 59 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002 txtBox3_p1 Erection of Bulky Goods Warehouse, Storage Yard, Carpark and Outdoor Plant Nursery – Lot 13 DP 746311, Bungaree Street, Maitland (Cont) PLANNING ASSESSMENT The proposal has been assessed under the relevant matters for consideration detailed in Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as follows:
Section 79C(1)(a)(i) provisions of any environmental planning instrument
Local Environmental Plan The subject site is zoned 4(b) Light Industrial under Maitland Local Environmental Plan 1993. The proposed development is a permissible use in the zone.
The proposed development is consistent with the relevant objectives of the zone, being, permitting the display and sale of bulky goods and providing a pleasant area to work-in and safe and efficient in terms of transportation, land utilisation and services distribution.
Regional Environmental Plan Maitland City Council has adopted the recommendations and intentions of the HREP 1989 into to its various planning instruments and as such, compliance with the relevant planning instruments infers consistency with the HREP 1989.
State Environmental Planning Policies The proposed development is subject to the requirements of State Environmental Planning Policy (SEPP) No.11 - Traffic Generating Developments as the proposed development has a gross floor area exceeding 10,000 m² and provides more than 200 carspaces.
As such, the application was referred to the Roads & Traffic Authority for referral to the Regional Traffic Committee for assessment and comments. The Committee raised some concerns, which have been dealt with to their satisfaction and will be conditioned in the event that approval is granted to the application.
The subject site is subject to the requirements of SEPP No.55 - Remediation of Land. To this effect, the applicant has submitted a Preliminary Contaminated Site Investigation report prepared by GHD dated August 2002. Comments received fro Council’s Manager Health Services are such that no objection is raised to the proposed development, subject to the imposition of appropriate conditions of consent in the event that approval is granted to the application. Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition Not applicable. Section 79C(1)(a)(iii) any development control plan The proposed development is subject to the guidelines contained within DCP No.1 - Industrial Development Code. The proposed development complies with the objectives of the DCP, in that it provides growth in the industrial sector and that the
Page 60 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002 txtBox3_p1 Erection of Bulky Goods Warehouse, Storage Yard, Carpark and Outdoor Plant Nursery – Lot 13 DP 746311, Bungaree Street, Maitland (Cont) development will not present an unacceptable risk to residential areas or other land by way of pollution, hazards or otherwise.
The proposed development also complies with aims of the development standards with regard to design and appearance, landscaping, parking and access, setbacks, storage areas, fencing, etc.
The proposed development is subject to the guidelines contained within DCP No.24 - Accessible Living. The proposed development will provide seven (7) disabled car parking spaces, located next to the main entrance of the proposed development. This is above the required number as stated in Australian Standard AS 2890.1-1993 and within Council's proposed 'enhanced' requirements of between 2 - 3 % of the overall parking. The parking also provides barrier access into the proposed building, with no stairs proposed to impede progress.
The proposed development is subject to the guidelines contained within DCP No.40 - Car Parking Requirements. It is stated that the proposed development has a total retail area of 12,601 m². The rate of parking required for bulky goods sales room or showroom is 1 space per 45 m² GFA. This would equate to some 280 spaces being required. The proposed development has provided for some 298 spaces, 18 spaces exceeding the required numerical figure. Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph) Not applicable.
Section 79C(1)(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality The proposed development is unlikely to have any detrimental impacts on the natural environment, following the studies conducted and the measures proposed to be undertaken to resolve the matters pertaining to flooding and drainage of the subject site.
The proposed development is likely to have beneficial impacts on the built environment and have positive social and economic impacts in the general locality.
Section 79C(1)(c) the suitability of the site for the development There are no reasons such as topography, vegetation, or the like, for which the site would be deemed unsuitable for the proposed development. The use is deemed to fit the locality and the site attributes are conducive to the development.
Section 79C(1)(d) any submissions made in accordance with this act or the regulations The development application & accompanying information were placed on public exhibition (newspaper & individual letters) for a minimum period of 30 days from 5th
Page 61 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002 txtBox3_p1 Erection of Bulky Goods Warehouse, Storage Yard, Carpark and Outdoor Plant Nursery – Lot 13 DP 746311, Bungaree Street, Maitland (Cont) September 2002 to 7th October2002. As a result of the notification process one (1) submission was received from one (1) of the adjoining businesses. The issue related to the location of boundaries and has been satisfactorily resolved.
The proposed development is defined as Integrated Development in accordance with Part 3A of the Rivers and Foreshore Improvement Act 1948 and as such, the application was referred to the Department of Land & Water Conservation (DLWC) for their assessment and 'general terms of approval'. The DLWC provided initial comments in correspondence dated 9th October 2002 requesting additional information regarding assessment of the existing fill and proposed fill of the site and details regarding loss of detention capacity and the affectation of the proposal on downstream flows / riparian stability.
The applicant is addressing these outstanding matters in direct consultation with DLWC.
As stated above, the application was the subject of SEPP No.11 - Traffic Generating Developments and was referred to a Regional Traffic Committee. The Committee raised a number of issues requiring clarification which have subsequently been dealt with to their satisfaction and will be conditioned in the event that approval is granted to the application.
Given that the subject site adjoins the Main Northern Rail Line, the application was referred to State Rail for their comments. In correspondence dated 12th September 2002, they raised no objection to the proposed development.
Section 79C(1)(e) the public interest While the proposed development is a large industrial / commercial activity, it is unlikely to have any detrimental impacts on any other governmental institutions than those contacted or the community.
Other Matters
Internal Referrals
The application was referred to Council's Building Surveyor who raised no concerns with the proposed development, subject to the imposition of standard conditions of consent.
The application was referred to Council's Development & Subdivision Engineer who raised no concerns regarding vehicle access / egress provisions and parking, retaining walls, easements and construction works subject to the imposition of standard conditions of consent. The Development Engineer however is waiting for the agreed stormwater and drainage details from the Department of Land and Water Conservation to provide final comments and conditions for the consent.
Page 62 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002 txtBox3_p1 Erection of Bulky Goods Warehouse, Storage Yard, Carpark and Outdoor Plant Nursery – Lot 13 DP 746311, Bungaree Street, Maitland (Cont) The application was referred to Council's Health Officer who raised no concerns with the proposed development in terms of existing fill and proposed filling of the site, subject to the imposition of standard conditions of consent.
The site has been the subject of a degree of filling over an extended period of time, which raises the issue of potential contamination.
The sources of potential contamination relate to:
1. Existing illegal fill, anecdotally sourced from Greenfields Subdivisions and Gosforth Quarries; 2. Existing demolition waste. Typically this material would be of a mixed source nature and may contain products of environmental and human harm.
Council can deal with this issue of Development Consent subject to suitable conditions of approval requiring quantitative assessment reports on the level of contamination, if any, on the existing fill.
As to the quarry of the fill proposed to be placed on site, it would be typical to require documentary proof of its nature prior to placement as a condition of approval and not to withhold approval on that basis alone.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS Statutory implications relating to assessment of the subject application have been addressed in the body of the report
CONCLUSION The assessment of this application has been carried out under Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as amended.
The proposed development of Proposed Lot 2 in Lot 1, DP 421090, Lot 11, DP 835102 and Lot 13, DP 723456 Bungaree and Johnson Streets, Maitland / Telarah for the construction of a bulky goods salesroom (Bunnings Warehouse) is a suitable development within the context of the industrial area and the physical limitations of the site.
The Development Application is “Integrated Development” under the Environmental Planning and Assessment Act, 1979. Accordingly, the Council cannot grant consent to the development until such time as the Department of Land and Water Conservation (DLWC) have made a determination as to whether or not to issue their general terms of approval. In this regard numerous on-site meetings and discussions Page 63 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002 txtBox3_p1 Erection of Bulky Goods Warehouse, Storage Yard, Carpark and Outdoor Plant Nursery – Lot 13 DP 746311, Bungaree Street, Maitland (Cont) have been held including the applicant, their consultants, Council staff and DLWC, however a final determination is pending.
In terms of Council’s role, Council staff have assessed the application and find it satisfactory in terms of the relevant heads of consideration listed under Section 79C of the Environmental Planning and Assessment Act, 1979.
Under normal circumstances the Council’s planning assessment would be finalised and formal consent issued under delegated authority upon receipt of the DLWC terms of approval. However, in this case, the value of the development ($6.55 million) exceeds the level of delegated authority issued to the General Manager by the Council. Whilst the applicant acknowledges the advice from Council Officers that the application is considered to have merit, they seek formal consideration by the full Council in order that once the DLWC are satisfied, that development consent can be issued as soon as possible thereafter. This report is presented to Council in order for Council to review the application and, if considered satisfactory, delegate authority to the General Manager to determine the application, upon receipt of general terms of approval from the Department of Land & Water Conservation.
Page 64 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
10.3.2 MAITLAND CITY COUNCIL FOOD SURVEILLANCE POLICY
File No: 150/1
Responsible Officer: Scott McGufficke Senior Health & Building Surveyor (Regulatory)
Author: Scott McGufficke Senior Health & Building Surveyor (Regulatory)
EXECUTIVE SUMMARY Council may recall a previous report to the September ’02 meeting recommending the adoption of a food surveillance policy and the introduction of a new $100.00 pre- purchase inspection fee following the completion of the public exhibition period.
OFFICER'S RECOMMENDATION THAT Council adopt the Maitland City Council Food Surveillance Policy and a fee of $100.00 for a pre-purchase inspection of a food premise.
BACKGROUND Council recognises the importance of a comprehensive food surveillance policy that helps those persons involved in the food industry to operate a clean, safe and profitable business. Food surveillance policy is primarily designed to assist those involved in the sale, handling, storage and preparation of foods for human consumption. The proposed policy provides an easy reference guide to the requirements of Council in regard to the design, construction and maintenance of food premises as well as useful information on relevant legislation, monitoring and hygiene requirements.
REPORT Council resolution number 10.3.4 dated 24th September ’02 required the matter of a draft food surveillance policy be reported to Council following the completion of the public exhibition period.
This period ended on the 15th November ’02.
No submissions or comments were received.
The policy now needs to be formally adopted by Council.
FINANCIAL IMPLICATIONS There are no financial implications arising from this matter.
POLICY IMPLICATIONS This policy will replace existing food related policies.
Page 65 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
Maitland City Council Food Surveillance Policy (Cont.) STATUTORY IMPLICATIONS There are no statutory implications arising from this matter.
Page 66 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
10.3.3 TIDY TOWNS 2002 PROGRAM
File No: 83/3
Responsible Officer: Scott McGufficke Senior Health & Building Surveyor
Author: Juliet Kauter Environmental Health Officer
EXECUTIVE SUMMARY This report provides feedback on Council’s participation in the 2002 Keep Australia Beautiful Tidy Towns program and details of the awards Maitland received.
The Tidy Towns Awards weekend was held at Soldiers Point/ Salamander Bay on the 1st, 2nd and 3rd of November. Maitland was well represented and recognised on the weekend, receiving two category awards and a highly commended award.
OFFICER'S RECOMMENDATION THAT Council:
1. Congratulate all Tidy Towns groups for their efforts and dedication to the 2002 Tidy Towns program in the form of a certificate;
2. Continue to participate, support and encourage new and existing projects in future years; and
3. Accept the award plaque for the Glebe and Oakhampton Cemetery project for display at a suitable location.
REPORT Maitland was represented at the Tidy Towns Awards weekend on the 1st, 2nd and 3rd of November 2002 by Councillors Peter Garnham and Graham Dark and representatives of the Heritage Group, Walka Water Works, Wallis Creek Community Group, Gillieston Garden Army, Metford Public School, and Bolwarra Public School.
Wallis Creek Community Group received a highly commended award in the category of Wildlife Habitat and Corridors for population category E ( 10,000 +) for their project titled “Giving back the green to the wildlife’. This project involved the planting of over 400 native trees and grasses in the area opposite Maitland Visitors Centre between the railway line and behind the properties on High Street Maitland.
Council received the Cultural Heritage Conservation award for population category E (10,000 +) for the Glebe and Oakhampton Cemetery Conservation project. This project involved detailed planning and investigations followed by the implementation of fencing, noxious vegetation control and monument restoration works. The project at Glebe Cemetery also involved collaboration with the University of New England,
Page 67 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
Tidy Towns 2002 Program (Cont.) which resulted in detailed survey work and the development of a web site for the project.
Metford Public School received the Schools Environment Award for population category D (4,001- 10,000) for their project titled ‘Our school our sense of place’.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 68 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
10.3.4 PREPARATION OF DRAFT INDUSTRIAL STUDY - MAITLAND LGA
File No: 103/103
Attachment: Industrial Land Map
Responsible Officer: Peter Cameron Manager City Strategy
Author: Peter Cameron Manager City Strategy
EXECUTIVE SUMMARY The purpose of this report is to present a draft Industrial Land Study for the Maitland LGA in accordance with Council’s 2001/2 Management Plan and the Maitland Urban Settlement Strategy.
It is proposed that the industrial study form a major part of the review of the Maitland Urban Settlement Strategy in 2003. It is therefore recommended that the draft Industrial Study be placed on public exhibition and that a further report be presented to Council following completion of the exhibition period.
A preliminary review of the identified potential future industrial areas suggests that they are generally compatible with the strategic planning framework. It is therefore recommended that the draft study be placed on public exhibition.
OFFICER'S RECOMMENDATION THAT:
1. The draft study be placed on public exhibition for a period of six weeks, including a meeting or workshop be held with interested members of the development industry.
2. A further report be presented to Council following completion of the exhibition period.
REPORT The draft Industrial Land Study has been completed by Castlecrest Consultants. Council’s City Strategy Division has coordinated the preparation of the draft study with input from Council’s Executive Manager Economic Development and Marketing.
The draft study is provided with this report for the information of Councillors.
BACKGROUND The need for a review of Maitland’s industrial land was identified at the time of preparation of the Maitland Urban Settlement Strategy. The preparation of the draft
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PREPARATION OF DRAFT INDUSTRIAL STUDY - MAITLAND LGA (Cont.) Industrial Study was commenced in the 2001/2 financial year and is included as a priority for the City Strategy Division in Council’s 2002/3 Management Plan.
Consultation has been undertaken by Castlecrest Consultants with key players in the market for industrial land, adjoining local government authorities and state agencies. In addition, the study includes knowledge gained by Castlecrest Consultants in previous studies of relevance to industry in the Lower Hunter.
Key Findings of the Draft Study
The draft study provides a comprehensive analysis of the market for industrial land in the Maitland LGA, in the context of state and regional trends in industrial development. The supply of industrial land in the Maitland LGA is viewed in a regional context.
Forecast regional and state influences are acknowledged, such as the recent approval of the Tomalpin Industrial Estate at Kurri Kurri and the expected Branxton to Minmi link to the F3 Freeway.
The draft study recognises the dynamic nature of the market for industrial land and the clear distinction between industrial development in the east and west of the Maitland LGA. Long-term opportunities for industrial development and local employment generation are examined.
The draft study includes the following findings:
• "There has been a significant uptake of industrial land within the Maitland LGA within the last 5 years. If this growth continues and is facilitated, the Council should be taking immediate steps to plan and procure new areas for new development". • At present there is approximately 245 ha of vacant industrial land in the Maitland LGA, of which approximately 85% is good quality industrial land which is relatively unconstrained. • 90% of vacant stock is in the two main industrial areas (i.e. Thornton and Rutherford). • Industrial growth is predicted in both the east and west of the Maitland LGA. • There are distinct differences in physical and market qualities between the east and west of the LGA and consequently, there is little crossover between the two areas. • The regional manufacturing industry is predicted to continue to decline.
Possible opportunities for industrial land use exist in a number of locations throughout the City, as shown in the map of potential future industrial areas, contained within the draft study.
In conclusion, the study finds that there are limited opportunities for new industrial development in the east of the LGA due to a range of natural and man-made constraints. Nevertheless, the draft Study highlights the investigation area to the
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PREPARATION OF DRAFT INDUSTRIAL STUDY - MAITLAND LGA (Cont.) south-east of Ashtonfield, in accordance with the Maitland Settlement Strategy, and nearby opportunities for industrial development and employment in adjoining LGA’s.
In the west of the Maitland LGA, significant opportunities for industrial development are identified to the north and west of the existing Rutherford industrial area. Importantly, it is noted that these sites, with areas in excess of 100 hectares, provide greater flexibility to accommodate a range of industrial uses and different lot sizes.
The draft Study suggests that the emphasis and focus for industrial land opportunity will shift to the west where these opportunities exist and there is an apparent capacity to expand.
Council’s City Strategy Division has reviewed the draft Study, which provides a good overview of industrial issues in the Maitland LGA. The draft study is expected to provide an invaluable tool for Council in the review of the Maitland Urban Settlement Strategy in 2003. The period of the study (10 to 20 years) is the same period as Council’s Urban Settlement Strategy.
A preliminary review of the identified potential future industrial areas suggests that they are generally compatible with the strategic planning framework. However, it is clear that there will be considerable interest within the development industry and to the owners of land identified regarding the location and size of these potential future industrial areas.
It is therefore important that the study is open to comment form the general public, prior to consideration by Council in the review of the Maitland Urban Settlement Strategy. It is therefore recommended that the draft study be placed on public exhibition for a period of six weeks, including a meeting/workshop with interested members of the development industry.
Copies of the draft strategy would be available in accordance with Council’s normal fees and charges or via Council’s internet site.
CONCLUSION The draft Industrial Study is presented to Council with this report.
It is proposed that the industrial study form a major part of the review of the Maitland Urban Settlement Strategy in 2003. It is therefore recommended that the draft study placed on public exhibition and that a further report be presented to Council following completion of the exhibition period.
FINANCIAL IMPLICATIONS There are no financial implications from the recommendations contained in this report.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
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PREPARATION OF DRAFT INDUSTRIAL STUDY - MAITLAND LGA (Cont.) STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
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10.3.5 THORNTON NORTH MASTERPLAN
File No: 103/106
Responsible Officer: Peter Cameron Manager City Strategy
Author: Monica Gibson Strategic Planner
EXECUTIVE SUMMARY The purpose of this report is to consider the funding and process of preparation of a Masterplan for the Thornton North area. The report contains a summary of issues raised in submissions, a discussion of options for Council and recommendations regarding the best way to proceed with the preparation of the Masterplan. The submissions are provided under separate cover for the information of Councillors.
In summary, the submissions provide a mixed response to the question of up-front funding. Major landowners have indicated that they are willing to contribute, subject to conditions in some instances, such as involvement in any Steering Group and the “drip-feeding” of funds. Other landowners have indicated that they would like to be involved but that they are not willing to contribute and some have indicated concerns regarding the independence and transparency of a process, which is funded by some landowners.
Three options are presented for the consideration of Council regarding the funding of the Masterplan. They are:
1. Up-front funding by landowners, crediting those who pay up-front and recouping the proportion of costs from other landowners with the submission of rezoning fees; 2. Funding by Council and recouping of costs through rezoning fees; and 3. Funding by Council and recouping of costs through Section 94 contributions.
In the circumstances, it is recommended that Council fund the preparation of a Masterplan up-front from the Economic Development Fund and recoup the costs + any foregone interest on the borrowed money through rezoning fees. The benefits of this approach include the avoidance of contributing landowner expectations and a clear demonstration that there is no bias in the preparation of the Masterplan. Up- front funding by Council will also simplify matters in terms of recoupment of costs from individuals.
The primary aim of the Masterplan is to get Council to a point where site-specific rezoning applications can be considered in the context of a strategic plan for the Thornton North area. The estimated cost of producing the Masterplan is in the order of $150,000 to $200,000 but would be reduced if possible to minimise the initial outlay by Council.
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Thornton North Masterplan (Cont.) It is recommended that a Steering Group be formed, comprising the Mayor (or nominee), North-ward Councillors and necessary Council staff. The Group would review the brief for the Masterplan and would oversee the preparation of the Management Plan, liaising directly with the consultants on key issues. Consultation would take place between the consultants and all stakeholders during the preparation of the Masterplan.
OFFICER'S RECOMMENDATION THAT:
1. Council fund the preparation of a Masterplan for the Thornton North area up-front (estimated to be between $150 000 and $200 000) from Council’s Economic Development Fund, on the basis that the funds and any foregone interest will be recouped through subsequent rezoning fees.
2. A separate report be submitted to Council regarding the introduction of a new fee in the current rezoning fee schedule to recoup the cost of the Thornton North Masterplan.
3. Council establish a Reference Group for the Thornton North Masterplan, comprising the Mayor (or nominee), North Ward Councillors and necessary Council staff. The terms of reference for this group will be to review the brief for the Masterplan and oversee the appointment of the consultants and the preparation of the Masterplan.
REPORT
BACKGROUND A brief chronology of key events is provided below:
• Adoption of the Maitland Urban Settlement Strategy - August 2001 • Submission received from key investigation area (IA) landowner regarding development of a Masterplan - April 2002 • Report to Council regarding Masterplan - 13 August 2002 • Preliminary consultation regarding the cost of preparing the Masterplan • Liaison with key government authorities (on-going). • One-on-one meetings with landowners in the study area • Meeting with IA landowners and key stakeholders - 3 October 2002 • Letters to IA landowners, asking whether they would be prepared to contribute up-front to the preparation of the Masterplan
Underlying Principles of the Masterplan
Several key principles have been established in relation to a Masterplan for the Thornton North area. In summary, they are:
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Thornton North Masterplan (Cont.) • A Masterplan is required to provide for well-planned and coordinated development in the Thornton North area. Key issues will include transport, mineral resources, flooding and environmental outcomes. • The cost of preparing the Masterplan should be borne by the landowners who stand to gain as a consequence of any future development. • The process of producing the Masterplan should be independent and transparent.
CONSULTATION
Government Authorities
Council officers have consulted with representatives of the Department of Mineral Resources (DMR), Hunter Water Corporation (HWC), Roads and Traffic Authority (RTA) and Planning NSW as part of the preliminary investigation for the Thornton North Masterplan.
These consultations have been productive and suggest that the various agencies are prepared to work with Council in a cooperative manner during the preparation of the Masterplan. Nevertheless, there is no guarantee in relation to the outcomes of the Masterplan from the perspectives of these authorities.
The outcomes from these meetings are:
1. The HWC has indicated general support and commitment to servicing of the Thornton North area. The Corporation is in the process of assessing future needs in the area and will provide input to Council regarding infrastructure works and sequencing within the timeframe for the Masterplan.
2. Council staff have met with DMR and PGH representatives regarding the future of existing clay extraction operations and the likely future of brick making in the region. The DMR have given a commitment to review the extent, purpose and future of the Clay Conservation Area in the Thornton locality, which was determined in the late 1970’s.
3. The RTA is working with Council on a preliminary assessment of future traffic demand in the Thornton locality with a view to determining options for future traffic works. The upgrade of the intersection of Thornton Road with the New England Highway is still uncertain and will depend on funding from the Federal government.
On-going consultation will take place with government authorities during the preparation of the Masterplan.
Landowners
In accordance with the resolution of the City Environment Committee on 13 August 2002, Council’s City Strategy Division has advised all thirty-four landowners within
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Thornton North Masterplan (Cont.) the Thornton North study area of Council’s intention to complete a Masterplan for the locality.
Individual Meetings
Nine of the eighteen landowners outside investigation areas took the opportunity to meet with Council’s planners for individual meetings in relation to the Masterplan process and issues in relation to their own properties.
Common issues at the meetings and in submissions from these landowners were:
• The focus on investigation areas identified in the Settlement Strategy; • Longer-term residential demand in the Thornton North area; • Perceived bias towards landowners contributing up-front towards the Masterplan; and • Willingness to participate in the preparation of the proposed Masterplan.
At all meetings, Council staff emphasised the current status of investigation areas in the Settlement Strategy and the proposed consultation arrangements with all landowners in the study area.
In addition, Council staff have met with representatives of PGH and the DMR in relation to on-going clay extraction in the Thornton North area. Information has been provided by PGH, which will assist with the preparation of the Masterplan and the Company has indicated a willingness to participate in the process.
Key Stakeholders’ Meeting
Approximately 40 stakeholders, representing landowners and government agencies, attended the key stakeholders’ meeting, held on the 3 October 2002. A brief overview of significant issues affecting urban development in Thornton North was provided, followed by questions regarding the Masterplan process, potential outcomes and the opportunities for funding.
The primary purpose of the meeting was to explain the need for a Masterplan and determine the willingness of landowners to pay for the preparation of the Masterplan, in accordance with the Settlement Strategy. Site-specific information from landowners was recorded, together with their general issues for development of the Thornton North locality, to be considered in the Masterplan process.
Following the meeting with the Investigation Area (IA) landowners, submissions on the process and funding of the Masterplan were invited. Nine submissions were received, representing ten of the eleven landowners in the Investigation Areas. Another eight submissions were received from landowners outside investigation areas but within Thornton North Masterplan study area. All submissions are provided separately for the information of Councillors.
Of the ten IA landowners from whom a response was received, all wish to have their land considered as part of the Masterplan and want to be involved as a stakeholder
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Thornton North Masterplan (Cont.) during consultation. This indicates a general level of support for the process of Masterplan proposed by Council.
However, there was not consensus in relation to the funding of the Masterplan up- front. Five landowners (representing 70% of the IA) have indicated that they are willing to contribute to the Masterplan “upfront”, subject to a number of conditions (e.g. credits for payments and the staged release of funds during preparation of the Masterplan). Some of the submissions have stated that they would expect to have a representative on a Steering Group, which would oversee the Masterplan process.
The other IA landowners have indicated that they are not prepared to contribute upfront, due to the level of uncertainty of outcomes from the Masterplan. These landowners generally support a financial contribution if their land is rezoned.
Discussion
A number of key issues have been presented in the submissions, which need to be considered by Council. They area:
1. The options for funding of the Masterplan; 2. The need for transparency and independence; and 3. The role and formation of a Steering Group.
These issues are considered below.
1. Options for Funding
There is currently no budget allocation from Council for the preparation of the Thornton North Masterplan in the 2002/3 financial year. It is therefore necessary that Council identify a preferred method of funding the Masterplan, if it is to be produced. Three main options can be considered.
Option 1 – Use of up-front contributions by IA landowners
As noted above, four of the eleven IA landowners (representing 70% of the area of the IA) have indicated that they are prepared to contribute up-front, on a pro-rata basis, towards the preparation of the Masterplan. The two largest landholders in Investigation Area C, would contribute the majority of funds to prepare the Masterplan, based on the area of their landholdings. Council may therefore wish to apply the funding from these four landowners, with Council contributing the remainder of the necessary funding.
The benefit of this approach is that landowners would fund the majority of the Masterplan. Council’s input would be reduced to 30% and the aim would be to recoup that amount at a later date. However, there are negatives to this approach.
Firstly, Council would need to establish an equitable system to credit those who have paid and to recoup the portions payable from other landowners at a later date. This would involve legal agreements and a framework for payment, which has not been
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Thornton North Masterplan (Cont.) agreed to-date. The process and amounts of later payment by other landowners would also be complicated, in order to provide equity and transparency.
The second major negative is in relation to the expectations of landowners. Some of those who have offered to contribute have also indicated that they would expect to sit on a Steering Group, which will oversee the preparation of the Masterplan. One landowner mentions the prospect of “drip feeding” funds to Council. This may be a reasonable expectation for those who have contributed. However, there are already perceptions of bias from other landowners and the community at large, as discussed later in this report.
Option 2 – Up-front payment by Council and recoupment through rezoning fees
Land within the Thornton North study area is currently zoned for rural purposes and will require an amendment to the Maitland LEP (rezoning) before the land can be developed for urban purposes. Several submissions therefore suggest that Council use rezoning fees to recoup the funding for the Masterplan from those who will benefit.
Council currently has a fee schedule for rezoning applications that is based on the nature of the rezoning (minor or major). Unlike development application fees, the rezoning fee is not set by the Environmental Planning and Assessment Regulation. Local government rezoning fees are variable across the state (from $600 to $25,000), with the higher fees mostly reflecting a full-fee recovery schedule, recouping the actual costs of Council preparing the rezoning works and LEP amendments. Some fees may be higher than $25,000, depending on the complexity of issues and other necessary studies to support the application.
Council’s current rezoning fee schedule was last revisited in 1998. The current fees are: Rezoning (minor) Stage 1 - $2000 Stage 2 - $3000 Rezoning (major) Stage 1 - $3000 Stage 2 - $5000
Legal advice suggests that Council could amend the current rezoning fees to recoup the cost of a Masterplan in the Thornton North area. This is therefore an option available to Council, if Council is prepared to fund the preparation of the Masterplan, up-front.
Council’s Executive Manager – Economic Development and Marketing has advised that the Masterplan could legitimately be funded up-front from the Economic Development Fund, given the intention of the Masterplan to identify development opportunities. The cost of the Masterplan and any foregone interest would be recouped over a set period (10 years) from rezoning fees and reimbursed to the Economic Development Fund.
This would be a relatively simple option for Council, given the lack of consensus from landowners regarding up-front contributions. However, Council should consider the
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Thornton North Masterplan (Cont.) implications in other investigation areas, where coordinated, broad-scale planning is required prior to rezoning applications.
In this respect, it is notable that the Thornton North study area is more complex than other investigation areas. It has approximately 34 separate landowners and major issues such as clay conservation, which will not apply in other parts of the City.
Therefore, the up-front funding of a Masterplan for Thornton North by Council need not be viewed as a precedent for the funding of Masterplans in other parts of the City and need not undermine the principles of “user pays” investigations in the Settlement Strategy.
Should Council choose to fund the Masterplan in this manner, the scope of the Masterplan would be kept to a minimum to avoid duplication with investigations, which will be required with subsequent rezoning applications. Details of the amendment of Council’s rezoning fees would be presented in a separate report and publicly exhibited in the manner required for amendments to Council fees and charges.
However, as a general principle, it is anticipated that the proposed rezoning (Masterplan) fee will be calculated by dividing the cost of the Masterplan by the area suitable for residential development over the first 10 years identified in the Masterplan. A ten-year timeframe is proposed, as this is a reasonable time over which to collect re-payments on the Masterplan.
After the 10-year period, Council would reassess whether the additional rezoning should continue to apply, bearing in mind the currency of the Masterplan, and the proposed expenditure of the additional funds in the Thornton North area.
Based on preliminary cost estimates for the Masterplan (i.e. $150 000 to $200 000), it is expected that the fee would be in the order of $800/ $1000 per hectare. This fee structure would be equitable, with the landowners with the most land to be rezoned contributing more towards the preparation of the Masterplan.
Option 3 – Up-front payment by Council and recoupment of costs through Section 94 Developer Contributions
The Masterplan is expected to identify infrastructure requirements for future development in the Thornton North area and will therefore have links to Council’s Section 94 Planning in that area. That is, community facilities which are necessary to support the increased population in the Thornton North area.
Section 94 of the Environmental Planning and Assessment Act 1979 enables a Council to require as a condition of consent, a contribution towards the provision of public services and facilities needed, where it can be shown that the proposed development, will, or is likely to create or increase the demand for such public services and facilities. The contribution can be a dedication of land free of costs, monetary contribution, material public benefit or a combination of some or all of the aforementioned.
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Thornton North Masterplan (Cont.) Section 94 contributions can be levied for works including community facilities, open space and recreation, bushfire hazard reduction, child care facilities, libraries, youth facilities, bikeways and also for the management and administration of the section 94 funds.
In the case of the Thornton Masterplan, Council could seek to recover costs using Section 94. However, as with Option 2 above, Council would need to fund the preparation of the Masterplan up-front. Borrowing from existing Section 94 funds for such a purpose is not recommended.
In addition, the guidelines for the use of Section 94 funds place limitations on the use of Section 94 by Councils, including considerations such as nexus, apportionment, reasonableness and timeliness, which would limit and complicate Council’s efforts to recover the costs of the Masterplan.
It is therefore likely that only part of the cost of producing the Masterplan would be recouped through Section 94 contributions and that Council would need to formulate other arrangements to recoup the remainder. This approach is considered to be unnecessarily complicated.
Funding Options - Summary
In summary, the three funding options are described below:
Masterplan Rezoning Subdivision DA Who pays? Landowners in IA, as Applicant lodging Applicant, after DA it is expected that rezoning application approved for short term growth will subdivision be in IA How is payment Via legal agreements Council pays Council pays made? with Council to pay Consultant, and is consultant, and is total Consultant then reimbursed via then reimbursed via costs. If landowners an increased developer default, Council pays rezoning fee contributions Consultant fees. established in a s94 Alternatively, contributions plan landowners can prepare MP independent of Council When are payments Before the At the lodgement of Before the collected? Masterplan is the rezoning subdivision plan is prepared application endorsed by Council What is the All monies collected Likely that all monies Legislation requires a timeframe for before the Consultant collected within 5 reasonable payment? is paid years of MP adoption timeframe for collection of contributions (10 years) What are the Not all landowners Rezoning fees are Contributions cannot limitations on are prepared to not limited by be levied for all payments? contribute, some legislation studies in MP have limitations on their contributions
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Thornton North Masterplan (Cont.)
2. Transparency and independence
The issue of transparency and independence is a key issue for Council in the preparation of the Masterplan, as noted in previous reports regarding the Masterplan. As a result, it has been emphasised that all parties will be consulted in the process and that there are no guarantees in relation to the proposed Masterplan.
It is proposed that a team of independent consultants will produce the Masterplan and that the consultants will be required to state any conflict of interest prior to undertaking the project in accordance with accepted probity guidelines.
However, despite these assurances, a perception has developed among some stakeholders, that Council will be biased towards some landowners at the expense of others.
This perception is, to some extent, unavoidable, due to the number of individual interests and the nature of issues involved in the study area. Decisions will need to be made, for example, in relation to sequencing and competing landuses, which will otherwise be incompatible.
However, it is possible to minimise the likelihood of perceived bias by carefully considering the process to be followed, the method of funding and the make-up and role of the Steering Group, as discussed below.
3. The role and formation of a Steering Group
The formation of a Steering Group has previously been suggested to Council as a means of overseeing the preparation of the Masterplan. Such a group would provide an important link to the consultants and Council and would assist in establishing the transparency sought in the process.
The issue of having a Steering Group has been raised in some of the submissions received from landowners, who request that they have a representative on the Steering Group as a condition of up-front payments towards the Masterplan. However, as described above, not all landowners are prepared to contribute and there are already assumptions of bias amongst other landowners.
In these circumstances, the formation of a Steering Group with only some landowners would exacerbate the perceptions of bias and it is therefore proposed that a small Steering Group be formed, comprising the Mayor (or nominee), North- ward Councillors and necessary Council staff.
Council could choose to advertise for nominations for the Steering Group. However, there are a wide range of interests, which need to be represented, and a large number of parties with specific interests. It is therefore not proposed to include specific landowner or community representatives, but to ensure that individual interests are considered fairly by Council throughout the process.
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Thornton North Masterplan (Cont.) Consultation will be undertaken with all stakeholders as a key element of the process and regular up-dates will be provided to landowners and the community. It is proposed that the Steering Group would initially focus on the brief, and on the selection of consultants to undertake the project.
CONCLUSION Council has sought up-front funding from landowners in the preparation of the Thornton North Masterplan. However, only some landowners have agreed to contribute up-front and there are perceptions of bias developing amongst other landowners and within the community.
Some landowners, who have offered to contribute, have indicated that they would have requirements of Council, in terms of process, (e.g. Steering Group membership and the drip-feeding of funds).
The workshop and meetings held with landowners have served to emphasise the number of individual interests and issues in an area, which is of key importance to the expected future growth of the City. It is clear that there is a need for coordinated development in the Thornton North area and for Council to make decisions regarding future landuse, which are free of perceived bias.
In these circumstances, it is proposed that Council make an exception to the principle of landowner-funded investigations and fund the preparation of the Masterplan up- front from Council’s Economic Development Fund. The cost of the Masterplan and any foregone interest would then be recouped through an amendment to Council’s existing rezoning fees, as described under Option 2 in this report.
It is recommended that a separate report be submitted to Council regarding the introduction of a new fee in the current rezoning fee schedule to recoup the cost of the Thornton North Masterplan.
The recommended next key steps in preparing the Masterplan for Thornton North are:
a) The formation of a Steering Group b) The finalisation of the consultants brief; and c) The engagement of an independent and suitable consultant (in with consultation to the Steering Group)
The recommended Steering Group would comprise the Mayor (or nominee), North- Ward Councillors and necessary Council staff. The terms of reference for this group would be to review the brief for the Masterplan and submissions from consultants and to oversee the preparation of the Masterplan.
FINANCIAL IMPLICATIONS The recommendations in this report have implications for Council’s Economic Development Fund, as described in the report.
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Thornton North Masterplan (Cont.) POLICY IMPLICATIONS It is recommended that Council’s existing fee structure be amended, subject to a further report to Council, as described in the report.
STATUTORY IMPLICATIONS Any amendment to Council’s fees and charges will be subject to advertising in accordance with the requirements of the Local Government Act 1993 (as amended).
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10.3.6 QUEENS WHARF & THE MORPETH STEERING GROUP
File No: 103/32
Attachments: (1) Correspondence from the Morpeth Village Forum
Responsible Officer: Peter Cameron Manager City Strategy
Author: Peter Cameron Manager City Strategy
EXECUTIVE SUMMARY This report relates to the consultation process undertaken in relation to proposals at Queens Wharf and the role of the Morpeth Village Forum.
It describes the reasons for the consideration of proposals for works on the boat ramp and amenities blocks at Queens Wharf, in advance of an overall plan for the Queens Wharf area. The specific proposals have been considered by Council in an archaeological study for the whole site and are not expected to conflict with the overall outcomes for the Queens Wharf area. In addition, Council needs to consider these proposals in the short-term to avoid losing grant funding.
In terms of the role of the Morpeth Village Forum, it is considered unworkable that Council consult in a pre-emptive manner, notwithstanding the representation by the Forum on the Morpeth Steering Group.
OFFICER'S RECOMMENDATION THAT:
The Morpeth Village Forum be advised that:
a) The planning and consultation for proposed works at Queens Wharf is considered to have been open and transparent and in the best interests of the community;
b) Council cannot consult with the Forum on a pre-emptive basis and the group will therefore need to monitor Council’s activities independently.
REPORT This report is in relation to concerns from the Morpeth Village Forum regarding planning at Queens Wharf and the role of the Forum in the dissemination of information between Council and the Morpeth community. Correspondence from the Forum is included in Attachment 1 of this report.
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Queens Wharf & the Morpeth Steering Group (Cont.) BACKGROUND The Morpeth Village Forum was formed with the assistance of Council in 1999, during the preparation of the Morpeth Management Plan. The initial role of the Group was to work with Council to facilitate public consultation during the preparation of the Morpeth Management Plan.
At that time, there were a number of groups in Morpeth, all fulfilling established roles based on the interests of one or more sectors of the community. Council deemed that it would be desirable to have a group representing a cross-section of interests in the Morpeth community and therefore advertised for nominations for a new group.
Upon formation, the new group was named the “Morpeth Village Forum” by its members. The Forum initially operated with the assistance of Council and played a key role in the preparation of the Morpeth Management Plan. However, following completion of the Management Plan, formal Council involvement with the Forum was dispensed, in favour of formal representation by the Forum on the Morpeth Steering Group.
The Forum provides all three community representatives on the Morpeth Steering Group, which has been established by Council “To oversee the implementation of the Morpeth Management Plan into Council's operations; to consider priorities; make recommendations to Council for budgets; and report annually on the progress of implementation.” Council has also sought to work cooperatively with the Forum, including the erection of a community noticeboard in Morpeth.
However, the Forum has suggested that Council’s planning at Queens Wharf is “piecemeal” and that “their role in the dissemination of information between Council and the people of Morpeth would be far more effective if it were informed of impending decisions and proposals of Council.” (See letter dated 20 October 2002 - Attachment 1)
Issue 1: Planning at Queens Wharf
The Queens Wharf area is the subject of a major project under the Morpeth Management Plan. Council has accordingly allocated resources towards the production of an overall plan for the area, including the possible purchase of land in the area to enhance the value and potential of the area as a community asset.
Council has also sought grant funding from available sources and has been successful in obtaining funds for works on a new amenities block, boat ramp and for the interpretation of archaeological remains at the site. Each of these grants is subject to conditions in relation to expenditure within a given timeframe.
Council has sought to ensure that the proposed works are assessed properly and fully within the scope of an archaeological assessment, which has been undertaken for the whole of the Queens Wharf site. The proposed works have been specifically addressed by the consultant archaeological assessment and are the subject of development applications, currently being considered by Council. The NSW Heritage Office has accepted this approach by Council.
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Queens Wharf & the Morpeth Steering Group (Cont.)
It is not possible to delay the proposed works for the amenities block and boat ramp pending the preparation of a holistic plan for the Queens Wharf, given the timing of the archaeological investigations and the grant funding available to Council. However, the consideration of the proposed works is not expected to conflict with the development of a holistic plan as the works involve only the reconstruction of existing facilities.
Accordingly, development applications have been prepared and are being considered by Council and the community to ensure that the grant funding is not unnecessarily lost through delays. The community has been specifically consulted in each case, in accordance with Council policy.
It is intended that a holistic plan will be developed for the Queens Wharf area incorporating the existing land uses and that the community and adjoining owners will be consulted again, at that time. In these circumstances, the Forum’s concerns regarding planning at Queens Wharf are noted. However, it is considered that the process undertaken has been open and transparent and in the best interests of the community.
Issue 2: Council consultation with the Morpeth Village Forum
The Morpeth Village Forum has taken a strong interest in the proposed works at Queens Wharf and has been advised progressively of Council actions through the Morpeth Steering Group and as adjoining owners to the Queens Wharf site.
Contrary to comments in the correspondence from the Forum (Attachment 1), this has included advice to the group that an application for a toilet block is being considered by Council (i.e. Page 5 August 29 minutes, Morpeth Steering Group). In addition, Council has provided the Forum with updates regarding the status of the Archaeological Management Plan.
Nevertheless, the Forum feels that they should be notified pre-emptively, as a matter of course, before Council formally places matters on exhibition. This is an issue, which requires clarification from Council to avoid future uncertainty.
The question of pre-emptive consultation appears to have arisen due to the history of the Forum and their role during the preparation of the Morpeth Management Plan. Following completion of the Management Plan, Council maintained no role in the on- going operation of the Forum, which now operates completely independently of Council.
In addition, Council has worked with the Forum to erect a community noticeboard in Morpeth, so that they can continue to play a role in the dissemination of information to the Morpeth community.
The involvement of the Forum representatives on the Morpeth Steering Group provides an opportunity for the Forum to contribute to Council’s planning on a quarterly basis and in the annual budget process undertaken by Council. However, the quarterly schedule of the Steering Group has proven to be impractical for Council Page 86 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
Queens Wharf & the Morpeth Steering Group (Cont.) to notify the Forum of all development related matters. Planning and development matters do not take place on a three monthly cycle.
In the above circumstances, Council is asked to consider the expectation by the Forum that Council pre-emptively consult on matters related to Morpeth. Council could make changes to the operation of the Morpeth Steering Group to enable more frequent and regular consultation with the Forum. However, this would require the reallocation of staff resources from other planning matters.
Alternatively, Council could seek to establish a protocol for consultation with the Forum. However, this approach is considered to be impractical because of the wide range of matters on which the Forum could potentially be consulted. .
The on-going use of the public notice board provides a means of informing the community by both the Forum and Council and has thus far proven to be an acceptable medium. However, this arrangement is not dependent on pre-emptive consultation with the Forum.
Conclusion
In conclusion, Council’s liaison with the Morpeth Village Forum relies primarily on the inclusion of Forum members on the Morpeth Steering Group. There has been no decision by Council to liaise with the Forum in a pre-emptive manner and this should therefore be clarified as an outcome of this report.
In the circumstances, it is therefore recommended that the Forum be advised that:
1. The planning and consultation for proposed works at Queens Wharf is considered to have been open and transparent and in the best interests of the community;
2. Council cannot consult with the Forum on a pre-emptive basis and the group will therefore need to monitor Council’s activities independently.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 87 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
10.3.7 RE-SUBDIVISION OF RESIDENTIAL/ RURAL RESIDENTIAL ALLOTMENTS
File No: 103/62
Responsible Officer: Peter Cameron Manager City Strategy
Author: Monica Gibson Strategic Planner
EXECUTIVE SUMMARY At the Ordinary Meeting of Council on 22 October 2002, Council resolved that: “Council Officers investigate an appropriate legal mechanism for the review of Maitland Local Environmental Plan 1993 to prohibit the further subdivision of residential and rural residential allotments so as to minimise the impact on the environment and protect the character and amenity of the locality”.
Initial investigations into this matter have suggested that legal matters may exist. However, more information is required prior to the matter being considered in detail by Council.
OFFICER'S RECOMMENDATION THAT:
The information in this report be noted.
REPORT The purpose of this report is to update Council on record in relation to the above resolution.
A number of development applications for subdivision of existing rural residential and residential lots, into allotments smaller than Council’s adopted minimum lot size of 450 m2 have been brought before Council for determination. This re-subdivision is often related to dual occupancy or medium density developments on various sites throughout the Maitland local government area.
Following the resolution of Council on 22 October 2002, investigations have commenced to determine if a legal mechanism exists to permit Council to amend the provisions of the Maitland LEP 1993 to prohibit re-subdivision of lots to create new allotments smaller than Council’s minimum standard.
Council officers have contacted other Council’s to ascertain possible methods of prohibiting this form of subdivision. Some options have been suggested however more information and legal advice is necessary before a report can be presented to Council with options, recommendations and the legal possibility of introducing prohibitions on re-subdivisions into the Maitland LEP 1993. Page 88 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
RE-SUBDIVISION OF RESIDENTIAL/ RURAL RESIDENTIAL ALLOTMENTS (Cont.)
A further report will be presented to Council in December, if the additional and necessary information is available.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 89 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
10.3.8 EAST MAITLAND COMMUNITY CENTRE- DEPARTMENT OF AGEING, DISABILTY & HOME CARE
File No: P32372
Attachments: (1) Plan of East Maitland Community Centre and Highlighted areas that DADHC require
Responsible Officer: Brad Everett Group Manager Service Planning & Regulation
Author: Judy Jaeger Manager Cultural & Community Services
EXECUTIVE SUMMARY This report puts to Council a proposal from the Department of Ageing, Disability & Home Care (DADHC) to expand the areas available within the East Maitland Community Centre for use as a fulltime funded centre based day care centre. It allows for the development of the Centre as a Home & Community care (HACC) centre with the co-location of a number of HACC Services.
OFFICER’S RECOMMENDATION THAT:
1. Council accept Department of Ageing, Disability & Home Care’s proposal to use the East Maitland Community Centre as a fulltime centre based day care facility
2. Council enter into a lease agreement with the successful auspice organisation and authorise the use of the common seal on the lease documentation
3. Consultations be undertaken with the East Maitland Community Centre Management Group to develop new guidelines for the operation of the centre.
REPORT The Department of Ageing, Disability & Home Care (DADHC) are proposing to fund a permanent, full time centre based day care facility for frail aged people. This has been an identified need in the Maitland Local Government area for over the past five (5) planning rounds and discussions are currently being undertaken by DADHC for suitable auspice organisation’s.
DADHC have written to Council seeking support for Council to lease the available areas within the East Maitland Community Centre in Banks Street, extending its use
Page 90 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
EAST MAITLAND COMMUNITY CENTRE- DEPARTMENT OF AGEING, DISABILTY & HOME CARE (Cont.) as a Home & Community Care (HACC) Centre. Considerable improvements to the building have been made possible through at DADHC allocation of HACC Capital funding in the order of $187,636 in 1994/1995. This investment has allowed for the continued operation of the whole centre, in which various HACC and non-HACC Services are located.
The Department have inspected the Centre and believe it would be a suitable venue for centre based Daycare and is conveniently located with other HACC services such as Meals on Wheels and Maitland Neighbour Aid. Such a service would also provide an opportunity to Council for permanent tenants on lease arrangements.
If such an arrangement was reached it would have a significant impact on the East Maitland Community Centre Management Group and the availability of the main hall. To operate a centre based Daycare, the main hall, stage area, kitchenette and HACC office space would be required and leased at an appropriate rate. This would make the hall unavailable for any community activity as it has been used in the past.
At present, the main hall is hired out on an irregular basis but with a permanent tenant, there would be better financial returns. The area at the rear of the building is used each Tuesday, Thursday and Friday from 3pm to 8pm and Saturday morning from 8am to 1pm by East Maitland Academy of Dance. This area could be promoted more and hired out to replace the unavailability of the main hall if Council resolved to accept DADHC’s proposal.
Conclusion
Local service providers and the general community have raised the need for a funded centre based day care facility in the Maitland LGA. This need was reiterated at consultations undertaken early this year when it become apparent that existing un- funded day care centres in the area were at risk of closure due to issues of insurance, lack of volunteers and OH&S requirements. This proposal from DADHC ensures the viability of a funded centre based day care facility in Maitland.
FINANCIAL IMPLICATIONS Permanent lease arrangements would provide additional income to Council.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 91 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
10.3.9 MAITLAND SPORTS ADVISORY BOARD
File No: 129/6
Responsible Officer: Brad Everett Group Manager Service Planning & Regulation
Author: Henry Wilson Group Manager Projects
EXECUTIVE SUMMARY This report deals with the establishment of the Maitland Sports Advisory Board as a group set up under Section 355 of the Local Government Act 1993 which will replace the community based Maitland Sports Council.
OFFICER'S RECOMMENDATION THAT Council:
1. Approve the establishment of the Maitland Sports Advisory Board under Section 355 of the Local Government Act, 1993;
2. Formally adopt the draft Constitution for the Maitland Sports Advisory Board as attached to this report;
3. Delegate, under Section 377 of the Local Government Act, 1993, to the Maitland Sports Advisory Board the following power, as contained within Section3 of the aforementioned Constitution -
"To raise revenue, in accordance with the Local Government Act 1993 and other applicable legislation, for the support of the Board's objectives as contained within the adopted Constitution."
4. Nominate two (2) Councillors as representatives of the Board.
REPORT The Maitland Sports Council (MSC) has been a separately incorporated body for some years and has been endeavouring to support and encourage sport within the Local Government area. The MSC currently consists of a number of local persons and has provided intermittent advice to Council on some matters. Given the focus which Council now has on future planning and development of sporting and recreation facilities a more formal and structured relationship with a peak body representing sport in Maitland would be mutually beneficial.
The MSC have also indicated to Council that a closer working relationship is sought and while not only being beneficial for the future planning and management of sport in Maitland, could assist with current insurance difficulties.
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MAITLAND SPORTS ADVISORY BOARD (Cont.)
Initial discussions have been held between Council Officers and the Chairperson of the MSC. A draft constitution for a revitalised group, under the auspice of Council, was prepared and considered at the meeting of the MSC on 15 October 2002. With minor amendments, the MSC agreed with the draft constitution as attached to this report.
The intention of the new Advisory Board is to act as peer group through which local sporting associations and groups can interact. Advice on sporting issues, development of facilities etc can be brought to Council after discussions and consideration at Advisory Board level. Council can also refer matters to the Advisory Board for consultation with appropriate groups and comment. This will provide a more integrated and structured approach to the development and management of sporting and recreation facilities.
It is proposed that current administrative support provided by Council would continue with the new Advisory Board as well as input from Council's professional staff when requested and appropriate.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS The recommendation for the establishment of the Advisory Board complies with the requirements of the Local Government, 1993.
Page 93 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
MAITLAND SPORTS ADVISORY BOARD (Cont.) MAITLAND SPORTS ADVISORY BOARD CONSTITUTION (Adopted xxxxxxxxxxxxxxxxx)
1. NAME
The name of the organisation shall be the Maitland Sports Advisory Board” and shall be referred to hereafter as the Board.
2. OBJECTIVES
i) To provide advice to Council on the development, management and promotion of sport within the Maitland Local Government Area.
ii) To assist Council in determining and prioritising capital sports projects for grant and funding applications.
iii) To provide assistance, where appropriate, to Maitland sporting teams/individuals participating at State, National or International levels.
iv) To provide assistance to sporting groups within the Maitland Local Government Area.
3. DELEGATED POWERS
The Board is constituted with the powers as set out hereunder, delegated to it by Maitland City Council in accordance with Section 377 of the Local Government Act, 1993.
i) To raise revenue, in accordance with the Local Government Act 1993, and other applicable legislation, for the support of the above objectives
4. MEMBERSHIP
i) The Board shall consist of the following persons:-
a) Twelve (12) persons appointed by Council from nominations received from sporting associations within the Maitland LGA.
b) Two (2) Councillors of Maitland City Council
c) Two (2) community representatives appointed by Council from nominations from within the Maitland Local Government Area.
d) The General Manager of Maitland City Council or his/her nominee.
ii) No member of the Group shall be appointed to any salaried/rewarded officer or receive payments from the groups monies.
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MAITLAND SPORTS ADVISORY BOARD (Cont.)
iii) Casual vacancies on the Board shall be filled by the Council.
iv) The office of a member of the Board, other than the General Manager and Councillors of the Maitland City Council becomes vacant:-
a) If he/she resigns his/her office by notice in writing to the Board or Council.
b) If he/she is absent for more than three (3) meetings without apology and acceptable cause.
5. TERM OF OFFICE
All members of the Board shall cease to hold office at the expiration of three months after the general elections of the Council next following upon appointments of the Board but shall be eligible for re-appointment.
6. EXECUTIVE
i) The Executive of the Board shall consist of the Chairperson, Vice Chairperson, Secretary, and Treasurer.
ii) The Chairperson, Vice Chairperson, Secretary and a Treasurer shall be appointed annually at the first meeting following the Annual General Meeting.
iii) Maitland City Council reserves the right to remove all or any such officers at any time during such term, after consultation with the Board.
7. MEETINGS
i) Nine (9) members present shall form a quorum.
Should within half an hour of the time set down for a meeting to commence, a quorum be not present, then the meeting shall be adjourned to the same time and place seven days after or to a place and to a time within one month of the date of such meeting to be determined thereat.
ii) All decisions shall be passed by a simple majority of those present and in the case of equality or a tie, the Chairperson shall have a second or casting vote.
iii) Meetings shall be held as frequently as required or as called by the Chairperson or Secretary; or by a requisition signed by at least three (3) of the members of the Group, with a minimum of six (6) meetings per year.
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MAITLAND SPORTS ADVISORY BOARD (Cont.) iv) Meeting procedure shall generally follow the rules contained in ‘Councils’ Code of Meeting Practice” (Section 360(2) Local Government Act 1993).
v) The Board shall cause minutes to be made and kept:-
a) Of all appointments of office-bearers and members of the Board and Council notified forthwith.
b) Of the names of members of the Board present at all meetings of the Board.
c) Of all proceedings at all meetings of the Board and copies sent to Council.
Such minutes shall be signed by the Chairperson of the meeting at which the proceedings were held or by the Chairperson of the next succeeding meeting.
vi) Special Meetings of the Board may be summoned by the Secretary on the authority of the Chairperson or on written requisition signed by not less than three (3) members of the Board.
vii) At all Special Meetings of the Board business other than that for which the meeting was convened, shall not be transacted unless all members of the Board are present and they unanimously consent to such other business being dealt with.
viii) At least forty-eight (48) hours notice of Special Meetings shall be given to all members of the Board, but failure to receive a notice on the part of any members shall not affect the validity of any Special Meeting.
8. ANNUAL GENERAL MEETING
i) Shall be held in Maitland no later than 1 October in each and every year.
ii) Twenty-one (21) days notice of such Annual General Meeting shall be given in writing.
iii) The business of the Annual General Meeting which shall take precedence over all other business shall be:-
a) Confirm minutes of previous Annual General Meeting.
b) Receive the Annual report and audited financial statement.
9. REVENUE
i) The Council may direct the payments of the Board’s monies shall be made to the General Manager at any time considered necessary and after consultation with the Board.
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MAITLAND SPORTS ADVISORY BOARD (Cont.)
ii) The Treasurer shall be responsible for the proper keeping of the books and accounts which shall be kept in accordance with the General Manager’s directions and shall be made available to the Council when required by the General Manager.
iii) All monies received by the Group shall be banked in the name of Maitland Sports Advisory Board.
iv) All cheques etc drawn on behalf of the Board shall be signed by the Chairperson or Vice Chairperson and the Secretary, Treasurer or any two of these signatures.
v) All revenue shall be managed in such a manner as may be directed by the General Manager.
10. EXPENDITURE
i) The Board must not at any time incur expenditure in excess to the amount at its credit in the bank.
ii) Accounts for expenses incurred shall be confirmed at the next meeting of the Board.
11. FINANCIAL YEAR
The financial year shall be the period from the 1st July to the 30th June. All books, cheque books, bank statements will be sent to Councils Finance Department for the financial year Audit.
12. ANNUAL REPORT AND FINANCIAL STATEMENTS
i) Not later than fourteen (14) days after such Annual General Meeting a copy of the Annual Report and Financial Statement duly certified by the Chairperson and Treasurer shall be forwarded to the General Manager.
13. ALTERATION AND AMENDMENTS
i) No amendments shall be made to this Constitution unless notice of the proposed amendment is given in writing to the Board at least fourteen (14) days prior to a meeting.
ii) The amendment must be passed by at least two-thirds of those Board members present. The amendment will also be subject to the approval of Maitland Council.
Page 97 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
10.3.10 REGIONAL GALLERY FEASIBILITY STUDY
File No: P29139
Responsible Officer: Judy Jaeger Manager Cultural & Community Services
Author: Margaret Sivyer Art Gallery Director
EXECUTIVE SUMMARY This report determines a direction for the development of a Cultural Precinct within the city. Information regarding the outcomes of the Regional Gallery Feasibility Study are provided and a masterplan process identified to ensure the full potential of the site is investigated. Developed appropriately it will enhance and provide a focus for local and regional cultural and community activity as well as promoting the role of the city to investors and tourist organisation’s as a commercial and business centre. This report also identifies representation on a Cultural Precinct Working Party to assist the consultations with the master plan process.
OFFICER’S RECOMMENDATION THAT:
1. Council undertake a masterplan process on the recently purchased TAFE site as outlined in this report.
2. Council allocate the amount of $100,000 from City Wide Section 94 funding to undertake the masterplan process, heritage study and initial works to relocate the Regional Gallery from Brough House.
3. The Cultural Precinct Working Party comprise the Mayor or his nominee, two (2) Councillors and a representative from both the Gallery Society and Friends of our libraries.
REPORT
BACKGROUND It was resolved at the July 2001 Council meeting that an Art Gallery Feasibility Study be conducted and that the Feasibility Study be funded from part of the surplus of the Civic Precinct Redevelopment project. The Study was to provide clear, practicable and economically achievable directions in relation to the present and future use of Brough House and investigate the suitability of other sites in Maitland for a Regional Gallery.
Page 98 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
REGIONAL GALLERY FEASIBILITY STUDY (Cont.) The firm of Trevor and Esther Hayter Pty. Limited, Architects was appointed to undertake this study and to look at a number of options. Five options were considered at the meeting of Council on 26 February, 2002. The Briefing Session with Councillors was conducted on Tuesday, 9 April 2002 with the five options discussed as presented by the Consultants.
At the conclusion of the briefing sessions three (3) clear outcomes were identified:
1. There is a need to vacate Brough House 2. Council is committed to providing a Regional Gallery within the City 3. The Gallery should be located in the vicinity of the future civic precinct
At the meeting of 28 May, 2002 Council also had the opportunity to consider the progress of the feasibility study to the next stage with the information that the owner of the former TAFE building had expressed interest in selling the site. The TAFE site consists of 4343 sq. metres within two (2) buildings and vacant land and provides Council with an opportunity to create a Cultural Precinct in a staged process. The relocation of the Art Gallery from Brough House will provide a larger site for future development of the Art Gallery and future location and development of the site for the City Library. The site will also provide workshop and meeting room facilities for the cultural groups in the City.
Council made the decision to finalize negotiations for the purchase of the former TAFE building in High Street at the meeting of Council on 25 June 2002.
A public meeting was held on Monday, 16 September, 2002 to give an overview of the five options in the Hayter Report and to look at a further option, Option F, the former TAFE building. The meeting was addressed by the General Manager, Maitland City Council, and Esther Hayter for Trevor and Esther Hayter, Consultants and was held to obtain the community view on using the former TAFE site as a site for a Regional Gallery. Response from the various community groups represented was extremely positive.
Masterplan
The purchase of the TAFE site is a substantial community asset, strategically located and with enormous potential. Developed appropriately it will enhance and provide focus for local and regional cultural and community activity.
It is envisaged that the full potential of the site is to be investigated during a master planning process, which will:
• Assess Councils and community needs and requirements • Allocate priorities to both expressed and latent needs of community groups • Examine the community historical value of the buildings and their architectural heritage; a framework within which the potential of the buildings will be considered • Assess the feasibility and costs of adopting the existing buildings for gallery and community use
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REGIONAL GALLERY FEASIBILITY STUDY (Cont.) • Determine scope for staging • Explore the synergies between potential uses of the site
Proposals for the site will be developed in relation to the requirements of the Regional Gallery and the 2001 Maitland City Library Services Strategic Plan and Library Space Study. The establishment of a Cultural Precinct Working Party with councillor and community representation will be the body responsible for guiding the masterplan process, approving various stages and providing guidance and direction. The study will require input from both Council technical staff and other consultants such as Quantity Surveyors and Building Economists and Mechanical & Electrical Engineers.
Initial discussions have been undertaken with Trevor & Esther Hayter P/L, architects and designers who had undertaken the Feasibility Study. The master planning process can be staged with the total cost approximately $68,000. At present, Council has $100,000 in City Wide Section 94 funds for the Cultural Centre. It is suggested that this allocation be utilised for the masterplan process, heritage study and preliminary works that would need to be undertaken to relocate the Regional Gallery.
The approach to the project will recognise good cultural centres and provide Council with alternative options. A plan for the site will be developed that will:
• Be an attractive and exciting place to visit, lively and vibrant both day and night • Reposition the site as a cultural entity in the city and region • Optimise site usage by incorporating complementary additional functions for the facilities • Reflect the community’s values and aspirations • Provide the best fit between community needs and the capacity of the site and buildings • Highlight the community historical values and architectural heritage of site and buildings • Augment existing features with sympathetic concepts for new buildings and landscaping • Develop an appropriate cultural mix to attract and retain a wide audience • Provide a cultural centre with a critical mass which allows for a broad range of activities • Be designed for effective and efficient management • Be cost effective in terms of both capital costs and ongoing operational costs • Attract funding organisation’s and sponsorship partners
Conclusion
The availability of the TAFE site provides Council with an opportunity to secure an immediate location for the Regional Gallery and a future location of the City Library. The co-location of two of Councils major cultural facilities allows Council to develop a Cultural Precinct and presence in Maitland.
Page 100 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
REGIONAL GALLERY FEASIBILITY STUDY (Cont.) It is recommended that the former TAFE be redeveloped as a cultural precinct, which will include the relocation of the Regional Gallery from Brough House and workshop and meeting rooms for cultural groups in the City.
Arrangements have also been made for representatives from the Ministry for the Arts to visit Maitland on Tuesday 3rd December, 2002. The Ministry for the Arts will be represented by: Mr Michael Goss, Policy Program Manager, Capital Infrastructure and Cultural Community Development, Ms Deborah Ely, Policy Program Manager, Visual Arts & Crafts and Ms Alex Bowen, Assistant Program Manager, Capital Infrastructure and Cultural Community Development.
FINANCIAL IMPLICATIONS Existing section 94 funds can be used to fund this initiative.
POLICY IMPLICATIONS This matter has no specific implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 101 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
10.3.11 TRIAL STRATEGIES TO REDUCE ALCOHOL RELATED ANTI- SOCIAL BEHAVIOUR
File No: 29/30
Responsible Officer: Judy Jaeger Manager, Cultural and Community Services
Author: Frances Holz Community Safety Officer
EXECUTIVE SUMMARY The Minister for Gaming and Racing, Richard Face, is seeking the support of Council in introducing two trial strategies aimed at reducing alcohol related anti-social behaviour in and around entertainment and commercial precincts. Draft legislation is currently being prepared that includes trial introduction, at the Minister’s discretion, of a 1am curfew on entry to licensed premises, and limitations on take-away trading hours.
As indicated by the Minister during a recent meeting with the Mayor and Council staff, the legislation would enable the Minister to implement the strategies where necessary in an area after consultation with the Council and any local Liquor Accord. The Council has consulted with the Maitland Liquor Accord, which the Minister acknowledges as one of the most active in NSW, with the Accord determining it would monitor issues and introduce local strategies where necessary. A report to Council last month recommended that Council support the Minister’s attempts to introduce the trial strategies, and discuss any consideration of the application locally of either strategy at the appropriate time. The Council resolved that a report be prepared “which is evidence based on why this should be supported”.
OFFICER'S RECOMMENDATION THAT the Minister be advised:
1. Council supports the Minister’s endeavours to introduce legislation for the two trial strategies aimed at reducing alcohol related crime and anti- social behaviour generally;
2. Council, in conjunction with the Maitland Liquor Accord, is willing to discuss, when appropriate, any consideration of the application of either strategy to the Maitland LGA; and
3. Council write to the Minister for Gaming and Racing seeking his commitment to consulting with Council, Maitland Liquor Accord and other local stakeholders before considering the application of either strategy in the Maitland LGA.
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TRIAL STRATEGIES TO REDUCE ALCOHOL RELATED ANTI-SOCIAL BEHAVIOUR (Cont.) REPORT The Minister for Gaming and Racing, Richard Face, is seeking the support of Council in introducing two trial strategies that may assist in reducing alcohol-related crime and anti-social behaviour as patrons migrate in and around entertainment an commercial precints.
The strategies include:
1. a requirement that all late night trading venues refuse to admit patrons into their premises after 1am, although trading may continue inside the premises until normal closing time, and 2. a reduction in the trading hours of take-away alcohol outlets so they are limited to 9am to 10pm.
The Council had previously resolved to consult with Maitland Liquor Accord, referred to by the Minister during his recent meeting with the Mayor and Council staff, as one of the leaders in the State for its initiatives. During those consultations, the Accord considered that, given its pro-active approach to harm-minimisation, it would monitor the issues relating to migration and anti-social behaviour and introduce strategies that deal with the problems locally.
A report to the Ordinary Meeting of Council on October 22 put forward two recommendations, namely that:
1. Council supports the Minister’s endeavours to introduce legislation for the two trial strategies aimed at reducing alcohol related crime and anti-social behaviour; and
2. Council, in conjunction with the Maitland Liquor Accord, is willing to discuss, when appropriate, any consideration of the application of either strategy to the Maitland LGA.
The Council instead resolved to defer the matter pending a report “from the Crime Prevention Officer which is evidence based on why this should be supported”.
Numerous criminological studies have provided evidence of an association between alcohol, licensed premises and violent crimes, and a link between alcohol and crimes of violence generally, including assault and malicious damage, as well as offensive behaviour.
This report specifically highlights the evidence and key findings of a major recent study. It also canvasses data specifically relating to Maitland and highlights some of the initiatives already being undertaken.
A joint study by the National Drug Research Institute and the NSW Bureau of Crime Statistics and Research (BOCSAR) published in July 2001 and based on police data for 1999-2000, found that: • At least 58% of offensive behaviour incidents in NSW are alcohol related. • At least 23% of assault incidents in NSW are alcohol related.
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TRIAL STRATEGIES TO REDUCE ALCOHOL RELATED ANTI-SOCIAL BEHAVIOUR (Cont.) • That these figures are likely to significantly understate the true level of alcohol- related violence and disorder because in many crime incidents police fail to record whether or not the incident is alcohol related. • The rate of alcohol-related assault is highest in the early hours of Saturday and Sunday morning (peaking between midnight and 3am), when 55% of assault incidents recorded by police are alcohol related. This is five times higher than the proportion recorded as alcohol related during the lowest assault risk periods (including 6-9pm on Saturdays). • Alcohol-related offensive behaviour incidents appear to peak at similar times to those of assault – nearly 90% of such incidents being recorded as alcohol-related between 12am and 3am on Saturday morning. • 43.4% of assaults occur on residential premises, although less than 20% of these were flagged as alcohol-related. This accords with relatively high rates of domestic violence in the community. Locally, police estimate 45-55% of their workload is related to domestic violence incidents. • Assaults on licensed premises accounted for just under 9% of assaults (most flagged as alcohol related), while ‘outdoor’ locations (including car parks, streets and footpaths) accounted for 28.9% of assaults. Just over 22% of these were flagged as alcohol-related, and it is reasonable to assume that a proportion of outdoor assaults may have originated on licensed premises. • The more serious forms of assault were more likely to be flagged as alcohol related
It is more difficult to accurately pinpoint malicious damage incidents because more often than not (estimated 78% of incidents) there is no suspect recorded or witness to the incident. Damage is reported when it is found, which is not necessarily when it occurs. Only 6.4% of malicious damage incidents in the above study were flagged as alcohol-related. However, other studies have indicated that there was a significant positive correlation between alcohol and malicious damage, particularly between alcohol sales through off-licenses (bottle shops) and both malicious damage and offensive behaviour.
In relation to Maitland specifically, the above study found that 28.8% of assaults were flagged as alcohol related, which is above the NSW average figure of 23%. Again the figures are likely to underestimate the true level of alcohol-related assault due to inconsistencies in police recording processes, however the figures should be treated with caution as the differences may in part reflect reporting biases across different areas.
Maitland recorded 524 assaults during the period of the study The prevalence of assaults in the community is indicated by the rate per population, which for Maitland was 980 per 100,000 population, ranking it 81 in the ‘Top 100’ LGAs. There has been an increasing trend in assaults in NSW and Australia, although it is likely that an increase in reporting of domestic violence is a contributing factor to this increased trend. Maitland is not immune, with the rate here rising to 1011 per 100,000, according to the latest figures for 2001 issued by BOCSAR. However, Maitland remained well below the general NSW rate for assault over the same period, suggesting that the rate of increase is not as pronounced here as elsewhere. The assault figures also do not distinguish between assaults in private homes relating
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TRIAL STRATEGIES TO REDUCE ALCOHOL RELATED ANTI-SOCIAL BEHAVIOUR (Cont.) largely from domestic violence (43% based on State figures), and those that occur in public places or non-dwellings.
There has been no systematic studies done since the above study identifying whether or not incidents were alcohol-related. However, a partial crime analysis of the Maitland Patrol area based on recorded incidents from July 2000 to June 2002 was recently provided by the Lower Hunter Police Local Area Command to the Maitland Liquor Accord.
In brief, the analysis indicated that the CBD area, where the city’s two main late night venues are located, recorded a low percentage of reported malicious damage incidents (just 3.6%). The CBD accounted for the highest levels of alcohol-related malicious damage, however this is not surprising given the number of licensed venues in the area and that malicious damage incidents occurring in licensed premises are much more likely to be flagged as alcohol related than malicious damage generally. Most alcohol-related malicious damage occurred on Saturday night and early Sunday morning.
Citywide, Rutherford (27.4%), East Maitland (25.4%) and Central Maitland generally (22.5%) reported the highest recorded levels of malicious damage. Alcohol-related assaults accounted for 30.3% of reported assaults over the period, although again the assault figures were not broken down to those occurring in homes (domestic violence) or in public places or non-dwellings.
The National Drug Research Institute and BOCSAR study, along with other studies in this field, pointed to a number of possible strategies to address alcohol-related violence and anti-social behaviour. These include strategies relating to Alcohol-Free Zones and their enforcement, minimising the number of people gathering at closing times (and hence the potential for conflict and random violence and disorder) through a range of means including better transport options, promotion and enforcement of responsible service of alcohol by staff, and policies promoting responsible drinking campaigns.
A number of these suggested strategies have already been introduced by Maitland City Council and the Maitland Liquor Accord, which is a measure of the proactive approach being taken by the two groups. The Council has already extended Alcohol- Free Zones in the CBD (this is the subject of a separate report to this meeting), and responsible drinking strategies continue to be promoted through the Council’s road safety function, including Drinks Without Dramas and designated driver programs. Initiatives already introduced by Maitland Liquor Accord include: • The annual Loop Bus initiative which moves thousands of patrons across the city and safely home, and has contributed to a significant downward trend from an increasing incidence of malicious damage within the CBD; • Responsible Service of Alcohol courses for venue staff; • A taxi voucher system; • Relocation of taxi ranks; • Provision of point of sale promotional material, including posters and coasters; and
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TRIAL STRATEGIES TO REDUCE ALCOHOL RELATED ANTI-SOCIAL BEHAVIOUR (Cont.) • Security patrols between late night venues (especially the Valley Brewery and Clubhouse Hotel in the CBD)
The Hunter Centre for Health Advancement, which, like Council, is an associate member and active participant in the Liquor Accord, has and continues to work with the local liquor industry to address alcohol-related issues. Initiatives include the Linking Project whereby police can directly link offences to specific venues and take appropriate action. This initiative is likely to become standard police operating procedure across NSW in the near future.
As stated, numerous studies, such as the one cited in this report, have established a link between alcohol sales and consumption with crimes of violence and anti-social behaviour and disorder generally. On this basis, it is considered reasonable to support initiatives aimed at addressing the issues, such as the trial strategies proposed by the Minister.
It is apparent from the Minister’s recent meeting with the Mayor and Council staff, that the proposed curfew and restriction of take-away trading hours would be applied to areas at the Minister’s discretion and on a needs basis following consultation with local areas, including the Council and Maitland Liquor Accord. It is evident both from the information provided above and from the Minister’s acknowledgement of Maitland Liquor Accord as one of the most proactive Accords and a leader in the State, that application of the proposed trial strategies may not be required or sought in Maitland. On that basis it is reasonable also to support the second recommendation that the Council, in conjunction with Maitland Liquor Accord, is willing to discuss, when appropriate, any consideration of the application of either trail strategy to the Maitland LGA. It is further recommended that Council seek the Minister’s commitment to consultation prior to considering any application of the strategies locally.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council’s adopted budget or forward estimates
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
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10.3.12 WASTE REDUCTION AND PROCUREMENT PLAN
File No: 61/37
Attachments: (1) Draft Waste Reduction and Procurement Plan
Responsible Officer: David Simm Manager Environmental Programs
Author: Tim Crosdale Trainee Environmental Health and Building Surveyor
EXECUTIVE SUMMARY The attached draft Waste Reduction and Procurement Plan has been designed to provide a framework for the reduction of Council generated waste and energy consumption whilst increasing the uptake of recycled products in Council’s purchasing. The plan has been designed in accordance with Council’s adopted Waste Reduction and Procurement Policy.
Under the plan each department of Council is required to develop a departmental action plan that outlines the initiatives to be implemented within the department to reduce target waste streams. Feedback for the draft plan sought from all departments of Council indicated that the initiatives under the WRAP Plan could be implemented across the majority of Council.
The feedback did, however, highlight the need to further investigate the cost / benefit ratio for the implementation of the plan in the service providing divisions within the Civil Works and Services Group. This assessment is required to ensure that any increased overheads do not effect the efficiency and competitiveness of the division.
The costs incurred through the implementation of the initiatives need to be considered on a departmental basis. It is envisaged that these costs will be recovered through the reduction in the costs associated with waste disposal and energy consumption.
OFFICER'S RECOMMENDATION THAT:
1. The attached draft Waste Reduction and Procurement Plan be adopted by Council to provide a framework for the reduction in Council generated waste and resource consumption and increase recycled content products in Council purchasing.
2. Further investigations be undertaken into the cost / benefit ratio for the implementation of waste reduction and procurement initiatives in service providing departments of Council
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Waste Reduction and Procurement Plan (Cont.) REPORT At its July 2001 meeting, Council resolved to adopt the Waste Reduction and Procurement Policy (WRAP) to apply the principles of Ecological Sustainable Development to the management of Council generated waste. Under this policy a Waste Reduction and Procurement Plan has been designed to provide a framework for the implementation of the principles of the WRAP policy.
The draft WRAP Plan aims to implement strategies and initiatives across all departments of Councils to reduce waste generation and energy consumption whilst increasing recycled content products in Council purchasing and the engagement of environmentally sustainable contracts.
Under the plan each department of Council is required to develop a departmental action plan that outlines the strategies and targets for waste reduction and energy conservation within each department. Education and training will be provided to equip staff with the skills and knowledge to recognise, implement and monitor waste reduction and procurement strategies within each department.
Feedback sought throughout the development of the WRAP Plan indicates that WRAP initiatives can be implemented across the majority of Council departments, as in many cases a number of waste reduction initiatives, including recycling and reuse, have already been implemented in sections of Council.
The feedback also highlighted the need to further investigate the cost / benefit ratio of implementing WRAPP initiatives. This is apparent in the service providing divisions of Council within the City Works and Services Group, where any increase in overheads could effect the efficiency and competitiveness of the division.
The implementation of the plan will also be monitored to determine the success of the strategies and initiatives and to identify opportunities to initiate or expand waste reduction and procurement initiatives across Council. The results of this monitoring will be reported to Council and the community 12 months after the implementation of the plan.
FINANCIAL IMPLICATIONS The initial financial outlay for the implementation of waste reduction, procurement and energy conservation initiatives will need to be considered on a departmental basis. It is envisaged that these costs will be recovered through the future reduction in the costs associated with waste disposal and energy consumption.
POLICY IMPLICATIONS There are no policy implications as a result of this report.
STATUTORY IMPLICATIONS There are no statutory implications as a result of this report.
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10.3.13 GRANT FUNDING FOR LANDCARE COORDINATOR
File No: 55/4
Responsible Officer: Brad Everett Group Manager Service Planning & Regulation
Author: David Simm Manager Environmental Programs
EXECUTIVE SUMMARY Grant funding to employ the Maitland Landcare Coordinator has been provided by the Commonwealth Government’s Natural Heritage Trust since 1995, in the form of three separate grants. These grants were respectively sought by: Maitland and Bolwarra Landcare; Maitland area Landcare Groups and Council; and the Hunter Region Landcare Network on behalf of Landcare groups in Maitland, Singleton, Dungog, Muswellbrook and Merriwa.
The fourth and current grant to employ Maitland Landcare Coordinator and seven other coordinators and facilitators in the Hunter has been sought by the Hunter Catchment Management Trust, in conjunction with the Hunter Region Landcare Network and local Councils. This new Natural Heritage Trust grant brings with it some changes to the role of Maitland Landcare Coordinator.
OFFICER'S RECOMMENDATION THAT Council continue to contribute to the employment of the Landcare Coordinator.
REPORT The Maitland Landcare Coordinator position has been funded through the Natural Heritage Trust (NHT) Grant Scheme since 1995. In that time, Council has supported the position, in partnership with local Landcare Groups in order to assist these groups to achieve their aims in land rehabilitation and improvement.
Council had previously resolved to fund the position until further grant sourced funding could be obtained, however the Hunter Catchment Management Trust has successfully obtained funding under the provisions of the ‘interim’ NHT program to fund coordinators within the Hunter Catchment. The new grant for Maitland Landcare Coordinator covers the period from 1st October 2002 to 30th June 2003.
This grant covers the interim period between NHT phase 1 and 2, a transitional period in the delivery of funding through NHT. This period represents a shift from funding for individual local projects to regionally focussed funding for the implementation of Catchment Blueprints.
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Grant Funding for Landcare Coordinator (Cont.) The HCMT, worked with the Hunter Region Landcare Network and local Councils, to successfully gain this regional funding for the project titled Hunter Catchment Community Support and Capacity Building Program (HCCS&CBP).
The HCCS&CBP raises funds to employ a team of support staff within the Hunter catchment who will: • Engage the community in Catchment Blueprint development and implementation; • Provide improved support for community capacity building activities; • Provide the community with support to complete existing projects funded by NHT phase 1; and • Assist and lead the community through the process of change in delivery of natural resource management funding.
The HCCS&CBP includes the following staff: • Regional Facilitator • Indigenous Support Officer • Community Support Officers (previously known as Landcare Coordinators) for Maitland, Muswellbrook, Dungog, Merriwa, Cessnock and Singleton Local Government Areas.
Most of the Community Support Officers (CSOs) are housed with Local Government, and all CSOs, except Maitland, will be employed by the HCMT. The HCMT supports the partnership between Maitland City Council and local Landcare groups as exemplary and has sought to maintain the status quo in terms of employment circumstance and management.
The role and position description of the Maitland CSO in comparison to the Landcare Coordinator remains largely unchanged. The CSO, as the name suggests, will support all community groups involved in natural resource management and there will be an increased focus on supporting on-ground projects that are in-line with the Catchment Blueprint.
The Maitland CSO will continue to work at the interface between Council and the community, including supporting Landcare groups. This connection to the wider community has already been established through the Landcare Coordinator’s involvement in the Wallis Creek Recovery Project and school based environmental education initiatives.
BACKGROUND In 1995 Maitland & Bolwarra Landcare were successful in securing National Landcare Program funding to employ a Landcare Coordinator. The three year project to employ a full time coordinator for Maitland & Bolwarra Landcare Groups aimed to: further develop Landcare projects; to expand and foster more cooperation between Landcare and Maitland City Council; and to foster environmentally sustainable farming practices.
In 1998 an application for Natural Heritage Trust (NHT) funding was submitted by a number of local groups, including Maitland Landcare Inc., Maitland City Council,
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Grant Funding for Landcare Coordinator (Cont.) Earthcare Park & Education Centre Inc., Bolwarra Landcare Inc., East Maitland Landcare, Largs Landcare, Metford Landcare and Morpeth Landcare. This three- year Maitland Region Landcare awareness and action program employed a Landcare Coordinator to raise awareness and achieve on-ground improvements in natural resource conservation and management.
In 2001, as a result of a Federal Government push towards regional funding bids, a Hunter Region Landcare Network application was successful in gaining NHT funding for six Landcare Coordinators across the Hunter. This one-year project included Maitland Landcare Coordinator.
Since 1995 the Commonwealth Government has provided grants through the NHT program to enable Council to employ the Maitland Landcare Coordinator. These grants were matched with in-kind and financial contributions from Council and in-kind contributions from Landcare volunteers. These contributions included: • On-costs associated with employment • Office accommodation • Management & advice from Council staff and Landcare volunteers • Vehicle • Communication expenses
FINANCIAL IMPLICATIONS Council’s contributions towards employment of the Community Support Officer (ie. Maitland Landcare Coordinator) can be funded within the current budgetary allocations.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
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10.3.14 GREENING PLAN IMPLEMENTATION REFERENCE GROUP CONSTITUTION
File No: 103/76/2
Attachments: (1) Revised Reference Group Constitution
Responsible Officer: David Simm Manager Environmental Programs
Author: John Peel Environmental Projects Co-ordinator
EXECUTIVE SUMMARY This report includes the revision of the Greening Plan Implementation Reference Group Constitution in response to a resolution at the Ordinary Council meeting on 22nd October 2002 that the draft constitution is revised.
Secondly this report formalises the funding amounts available to this program area in accordance with Councils resolution in June 2002 and provides an update on the works to date to secure additional funding from external sources as required by Councils resolution.
OFFICER'S RECOMMENDATION THAT Council
1 Adopt the revised Constitution for the Greening Plan Implementation Reference Group as attached to this report.
2. Vote the amount of $480,000,from the various revenue sources outlined in this report towards the Implementation of the Greening Plan outcomes.
3. Acknowledge the submission by officers, of grant funding applications, to various bodies, that are yet to be determined.
REPORT The membership of the Greening Plan Reference Group was ratified at an ordinary meeting of Council on 22nd October, 2002 with an extra community member, Ms. Kylie Yeend, being added to the group. At the same meeting the Council resolved that the draft constitution be revised due to the wording of parts of the objectives and terms of reference.
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Greening Plan Implementation Reference Group Constitution (Cont.)
The Greening Plan Implementation Reference Group Constitution has been revised such that wording of the objectives and terms of reference more accurately reflect the role and responsibility of the group. The entire revised constitution is included as an attachment to this report.
Since the commencement of this program in July 2002, Officers have identified site- specific environmental improvement measures on a number of available properties within Maitland. In doing so detailed feasibility plans and cost reports have been developed to support grant-funding applications that have been submitted to various government agencies and commercial enterprises.
At this stage upwards of $470,000 in grant funding opportunities are awaiting determination by the relevant sponsors. In the main, these applications are supported by Councils commitment to match funding on a dollar for dollar basis. Given that there will not be any determination of success of these applications until late 2002 to early 2003, expenditure to date, has been limited to lower cost projects, the employment of the Environmental Projects Coordinator, the implementation of the “Recovering Wallis Creek” demonstration project at Rathluba, together with the support to the rollout of the Native Plant Distribution and education process that is successfully underway.
The detailing and prior planning work to date is an important step in pursuing quality on ground natural resource improvement projects and accords with Councils resolution to match its own funding with external sources. It is also valuable preparatory work that will be fed into the Reference Group process to provide accurate direction of achievable projects within the limits of available resourcing, funding over various time line scenarios.
The work to date has identified projects that with appropriate funding can commence Councils environmental improvement activities, this current year. Council should be aware that similar natural resource improvement processes generally forecast outwards to 10 years and this basic principle is being used to strategically position Councils efforts beyond this first year.
The following table identifies the range of grant assistance applications that have been identified and sought in the past months. It includes financial, in kind and opportunity values that will be or potentially be balanced against Councils allocated vote.
Grants Received Grant Name Grant Supplier/Source Value NA (Hunter Water Corp - Commitment to fund) Hunter Water Corp $20,000 Hunter's Living Wetland - Tenambit Common Wetland Care Australia $20,000 Native Plant Distribution Project NHT $33,657 Sub-Total $73,657
Grants Applied for Grant Name Grant Supplier/Source Value
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Greening Plan Implementation Reference Group Constitution (Cont.) Melaleuca to Tenambit Wetlands Rehabilitation DLWC (NHT) $62,684 Melaleuca to Tenambit Wetlands Rehabilitation Environmental Trust $62,684
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Greening Plan Implementation Reference Group Constitution (Cont.)
Recovering Wallis Creek DLWC (NHT) $96,939 Recovering Wallis Creek Environmental Trust $96,939 Litter Prevention Campaign NSW EPA $5,000 Regional Litter Prevention Campaign NSW EPA $20,000 Illegal Dumping Clean Up Project Resource NSW $1,500 Illegal Dumping Deterrence Project Resource NSW $4,850 Blue Green Algae Targeted Education Campaign Hunter Catchment Management Trust $2,000 Hunter Valley Floor - Riparian Corridors Green Corp $125,000 Sub-Total $477,596
FINANCIAL IMPLICATIONS As a result of Councils financial structuring of this initiative the available funds have now been identified from the various internal sources, being $300,000 from the Economic Development fund, $40,000 from pensioner rate rebate calculated as part of the abandoned environmental levy and $140,000 identified in the September quarter budget review.
POLICY IMPLICATIONS There are no specific policy implications as a result of this report.
STATUTORY IMPLICATIONS There are no specific statutory implications as a result of this report.
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10.3.15 INDEPENDENT INQUIRY INTO THE HUNTER RIVER SYSTEM
File No: 55/2
Responsible Officer: David Simm Manager Environmental Programs
Author: Claire Hendley Senior Environmental Health Officer
EXECUTIVE SUMMARY The Healthy Rivers Commission undertook an independent inquiry into the Hunter River System and produced a final report earlier this year. The report presents the Commission’s findings after eighteen months of interaction with the Hunter Community.
The Inquiry examined how river health is being managed and whether the desired results are being achieved.
The report presents eight (8) key recommendations which focus on the need to improve regional and local planning frameworks by recognising the links between these instruments and land and water.
Whilst the key responsibility for implementing the recommendations of the report lie with State and Regional Agencies, local government will play a role in ensuring the success of the recommendations through participation in regional and catchment programs developed to improve the health of the Hunter River System.
OFFICER'S RECOMMENDATION THAT the Council resolve to consider the ancillary recommendations presented in the Healthy Rivers Commission Report when developing and implementing future policies and programs.
REPORT The Healthy Rivers Commission has released its ‘Final Report – Independent Inquiry into the Hunter River System’. The Inquiry was undertaken in 2001 and had previously presented a draft report earlier this year.
The Commission undertook the inquiry to identify appropriate goals and strategies to improve the health of the Hunter from a strategic level rather than a scientific level i.e. it assesses how river health is being ‘managed’ in the Hunter.
The Commission presents eight (8) key recommendations and seventeen(17) ancillary recommendations which it believes will provide guidance to the community, government and agencies in achieving the goals set for the catchment.
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Independent Inquiry into the Hunter River System (Cont.) The recommendations are set out in the following theme areas: flood mitigation, river corridors, sustainable land management, regional planning, Newcastle port/estuary planning; planning for mining, integrated river health management and implementation.
There are a number of key recommendations that are most relevant to the work of Council. The Commission recommends that:
1. Flood Mitigation An asset management strategy be developed by the Hunter Catchment Management Trust and the Department of Land and Water Conservation that incorporates a financial management strategy to better direct funding in line with contemporary understanding of floodplain management. This also calls for better definition and clarity of the roles of all organisations involved in floodplain management that have evolved over a number of years, particularly that of Local Government.
2. River Corridors A comprehensive and integrated corridor plan be developed by the Department of Land and Water Conservation and Planning NSW and that the State Riverine Corridor Policy be fast-tracked to provide a framework to undertake this work. The Corridor Plan will then guide the establishment of more specific Rivercare plans.
3. Sustainable Land Management The existing framework for managing the impacts of agriculture on river health be expanded by the Department of Land and Water Conservation and NSW Agriculture and other relevant agencies.
4. Regional Planning The Regional Environment Plan be replaced with a catchment wide plan or strategy by Planning NSW. The new plan should identify and recognise the inter-relationships with other economic and resource specific plans such as the Catchment Blueprint. The recommended framework for the development of such as plan is PlanFirst.
5. Integrated River Health Management That the Catchment Blueprint be developed and updated by the Department of Land and Water Conservation and the Hunter Catchment Management Trust to ensure consistency with the river health goals presented in the Healthy Rivers Commission Report.
6. Implementation That a Statement of Intent be signed by Government and relevant Agencies to consider and implement the key recommendations of the Report.
The Ancillary Recommendations in the report should serve as guides to agencies and Councils in future program development and policy implementation.
FINANCIAL IMPLICATIONS There are no specific financial implications as a result of this report.
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Independent Inquiry into the Hunter River System (Cont.) POLICY IMPLICATIONS There are no specific policy implications as a result of this report.
STATUTORY IMPLICATIONS There are no specific statutory implications as a result of this report.
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10.3.16 STATE OF THE ENVIRONMENT REPORT
File No: 103/73
Responsible Officer: David Simm Manager Environmental Programs
Author: Claire Hendley Senior Environmental Health Officer
EXECUTIVE SUMMARY Maitland City Council’s State of the Environment Report (SoE) for the period 1 July 2001 through to 30 June 2002 fulfils Councils obligations as set out under section 428(c) of the Local Government Act, 1993. Aside from the statutory requirements for the SoE, the report: • provides a snapshot of the environment in relation to a range of Maitland’s natural and cultural resources that are depended on by the community for quality of life and economic security; • reviews changes in environmental conditions over the past twelve months; • assesses Maitland City Council’s environmental management performance; • identifies actions that Council may consider undertaking in the future to address environmental issues; and • Informs other decision-making and planning components of Council in relation to environmental issues.
A copy of the State of Environment Report will be forwarded under separate cover.
OFFICER'S RECOMMENDATION THAT the 2001-2002 State of the Environment Report be adopted by Council as part of the Annual Report.
REPORT Council’s State of the Environment Report for the 2001-2002 period has been prepared as a supplementary report in accordance with section 428(c) of the Local Government Act, 1993. The SoE addresses seven (7) principle sections that provide an overview of the Maitland Environment. These include:
• Land; • Air; • Water; • Biodiversity; • Waste; • Noise; and • Heritage (aboriginal and non-aboriginal).
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State of the Environment Report (Cont.) Whilst the report updates trends in environmental indicators, it focuses on the actions that Council has undertaken to address the issues in the reporting period. The report also recommends further actions that can be taken by Council to address the environmental issues in each of the theme areas. Council should consider these actions throughout the management planning process.
FINANCIAL IMPLICATIONS There are no direct financial implications as a result of this report, however the SoE Report identifies a number of actions that can be taken by Council in the future to address the issues within each of the seven theme areas. These actions would require funding under Council’s Management Plan.
POLICY IMPLICATIONS There are no direct policy implications for Council, although the SoE highlights areas of concern in relation to environmental management.
STATUTORY IMPLICATIONS Preparation of the 2001-2002 State of the Environment Report fulfils Councils obligations under section 428 of the Local Government Act, 1993.
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10.3.17 URBAN WATER CYCLE MANAGEMENT CAPACITY BUILDING PROGRAM
File No: 103/69
Responsible Officer: David Simm Manager Environmental Programs
Author: Claire Hendley Senior Environmental Health Officer
EXECUTIVE SUMMARY The Lower Hunter and Central Coast Regional Environmental Strategy have released the Urban Water Cycle Management Capacity Building Program Toolkit. The Capacity Building Program was developed after early work in the subject area identified significant gaps in knowledge and understanding of Water Sensitive Urban Design Methods.
The toolkit has been developed to allow other regional groups to implement a similar program and to enable new staff to access the information discussed and presented at seminars, workshops and during the Water Cycle Games that formed a part of the Urban Water Cycle Management Capacity Building Program. A copy of the CD that accompanies the toolkit will be forwarded to Councillors under separate cover.
The Capacity Building Program has won five State Awards and was recently nominated for the Stormwater Industry Australian National 2002 Award for Excellence in Environmental Education.
OFFICER'S RECOMMENDATION THAT Council continue to support regional initiatives to improve Urban Water Cycle Management.
REPORT The Lower Hunter and Central Coast Regional Environmental Strategy (LHCCREMS) is an innovative and highly successful regional initiative currently being implemented by seven Councils of the Lower Hunter and Central Coast.
LHCCREMS has been developed as a plan to assist, support and resource local government to more efficiently develop and implement environmental management programs. It was endorsed by Council in 1996 after a twelve month consultation process and the program has attracted over $5.4 million in funding and resources to the region for project implementation.
The Water Sensitive Urban Design Capacity Building Program was developed to address the identified gaps in knowledge and understanding of water sensitive
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Urban Water Cycle Management Capacity Building Program - Toolkit (Cont.) design methods for professional officers of Councils in the lower Hunter and Central Coast.
Urban Water cycle management or Water Sensitive Urban Design (WSUD) is a new approach to urban planning and design and aims to promote more sustainable management of the urban water cycle through sensitive design of home, streets and suburbs.
WSUD can help counteract negative impacts of development on the natural water cycle and provides a decentralised approach to water management, giving greater emphasis to on-site collection, treatment and utilisation of water flows as part of a ‘treatment chain’. The incorporation of appropriate and effective measures can: • Reduce flood risk in urban areas (for more frequent events); • Improve water quality; • Make more efficient use of water resources; • Reduce the cost of providing and restoring water infrastructure; • Protect ecosystems and habitats.
As a result of the capacity building program and its success, a toolkit has been developed to allow for the continued capacity building of new staff within member Councils. It contains a range of reports, presentations, and video based training modules and facts sheets.
The program earned five awards in the 2001 Local Government and Shires Association Excellence in the Environment Awards, including divisional winner and overall state winners for both the ‘Built Environment’ and ‘Stormwater Management’ categories. It was also one of three programs nominated for the Stormwater Industry Australian National 2002 Award for Excellence in Environmental Education.
LHCCREMS has obtained further funding from the NSW Stormwater Trust to build on the success of the work in order to develop a comprehensive, interactive training tool for use by all Councils throughout NSW. This program will help council officers better understand and implement water sensitive urban design technologies and will be completed in 2004.
FINANCIAL IMPLICATIONS There are no specific financial implications as a result of this report.
POLICY IMPLICATIONS There are no specific policy implications as a result of this report.
STATUTORY IMPLICATIONS There are no specific statutory implications as a result of this report.
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10.3.18 WATER MANAGEMENT FORUM
File No: 32/3
Responsible Officer: David Simm Manager Environmental Programs
Author: Claire Hendley Senior Environmental Health Officer
EXECUTIVE SUMMARY A Water Management Forum has been organised to be held on 12 December 2002 at Singleton. The forum will focus on the total water cycle management to address the range of issues facing stormwater managers.
The overall aim is to broaden the regional knowledge base or, and commitment to, urban water cycle management within local government.
OFFICER’S RECOMMENDATION THAT:
1. Council determine whether it seeks to be represented at the Water Management Forum to be held on 12 December 2002.
2. If Council wishes to be represented at the Water Management Forum, one (1) Councillor be nominated to attend.
REPORT A range of water management issues face councils of the Hunter Region. Council, through the Lower Hunter and Central Coast Regional Environmental Strategy (LHCCREMS) have participated in the ‘Urban Water Cycle Management Capacity Building Program’ (see separate report) to address some of these issues and continues to participate in the ongoing Water Cycle Management Program. The Water Management Forum will discuss the work undertaken to date and discuss the range of technical, organisational and financial issues facing urban stormwater managers.
The Forum has been co-ordinated by the Regional Stormwater Extension Officer and it is largely aimed at Councillors, Council staff and key industry representatives of the middle and upper Hunter, whilst providing the opportunity for Maitland and Cessnock Councils to have input and discussion with Councils with similar urban settlements.
It will provide a forum to broaden the regional knowledge base of urban water cycle management (particularly the work undertaken by LHCCREMS) and water conservation and Council’s roles in the management of this issue.
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Water Management Forum (Cont.) The topics to be covered will include: water supply and demand, source control solutions and water sensitive urban design programs. This will include planning and design a the allotment, subdivision and green-field scale, case studies on the implementation of water saving measures by local government and discussions on the work undertaken by the Lower Hunter and Central Coast Regional Environmental Strategy.
Each of the topic areas will focus on the role of Councils in water management and discuss the range of initiatives that are available for Council to implement in order to conserve water, save money and protect water quality.
FINANCIAL IMPLICATIONS There are no specific financial implications as result of this report.
POLICY IMPLICATIONS There are no specific policy implications as a result of this report.
STATUTORY IMPLICATIONS There are no specific statutory implications as a result of this report.
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10.3.19 NEW ENGLAND HIGHWAY TRAFFIC FACILITIES - RUTHERFORD
File No: 122/SH9/3
Attachment: Media Release – Sandy McDonald National Party Senator for NSW – Safer Crossing to Maitland Hospital
Responsible Officer: Warwick Randall Manager, Assets & Infrastructure Planning
Author: Warwick Randall Manager, Assets & Infrastructure Planning
EXECUTIVE SUMMARY This report deals with recent government announcements purported to deal with traffic control facilities on the New England Highway at Rutherford, including installation of traffic control lights at the intersection with Johnson Street Rutherford and construction of a roundabout at the intersection with Wollombi Road.
OFFICER'S RECOMMENDATION THAT the State Minister for Roads & Transport, the honourable Carl Scully MP, the Federal Minster for Transport and Regional Development, the honourable John Anderson MP, and the Road and Traffic Authority of NSW should be written to and requested to:
• Incorporate development of options for resolution of pedestrian problems in this area into the traffic study for the section of highway between the Hospital roundabout and Wollombi Road in order to allow proper prioritisation of works along this section of road in accordance with risk and community benefit.
• Fully examine all available options to address pedestrian safety problems in this area and conduct a workshop involving key stakeholders as part of the larger study, to examine all these options and reach an agreed outcome for implementation of the most socially acceptable solution to this problem.
REPORT A number of press articles regarding government proposals to construct traffic facilities on the New England Highway over recent weeks have generated queries from the community in relation to details of the proposed works. The press release from the office of Senator Sandy Macdonald is included as Annexure A to this report.
Enquiries with the RTA regarding this section of road have identified the following matters:
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New England Highway Traffic Facilities - Rutherford (Cont.) • The RTA are planning a traffic study on the Highway between the Hospital Roundabout and Wollombi Road, planned to be commenced before Christmas.
• The nature of any proposed treatment at the Wollombi Road intersection is still unresolved at this stage, with further investigations to be pursued on options for this intersection.
• There is an urgent need to address pedestrian safety in the vicinity of Telarah railway station. Traffic control signals are one option to solve this problem, however the RTA anticipate conducting a community consultation before implementing any final proposal in this location.
The RTA may proceed with construction of facilities in this location prior to the completion of the study discussed previously in this report.
There are many traffic control problems along this section of the highway, including turning and entering traffic, shoulder and parking facilities, access to private property, traffic noise, traffic delays and pedestrian safety. These need to be examined in a holistic manner, and prioritised according to community benefit and risk.
It is considered that another set of traffic lights in the section of Highway between Dunkley Street and the Hospital would have a seriously detrimental impact on traffic flow in this section of road, and the State Minister for Roads & Transport, the honourable Carl Scully MP, the Federal Minster for Transport and Regional Development, the honourable John Anderson MP, and the Road and Traffic Authority of NSW should be written to and requested to:
• Incorporate development of options for resolution of pedestrian problems in this area into the traffic study for the section of highway between the Hospital roundabout and Wollombi Road. This will allow proper prioritisation of works along this section of road in accordance with risk and community benefit.
• Fully examine all available options to address pedestrian safety problems in this area and conduct a workshop involving key stakeholders as part of the larger study, to examine all these options and reach an agreed outcome for implementation of the most socially acceptable solution to this problem.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 126 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
10.3.20 ROAD NEED SURVEY
File No: 122/911
Responsible Officer: Warwick Randall Manager Assets & Infrastructure Planning
Author: Warwick Randall Manager Assets & Infrastructure Planning
EXECUTIVE SUMMARY This report presents information relating to conducting a road need survey to review the current list of works identified in the rolling works programme.
OFFICER'S RECOMMENDATION THAT the information in this report be noted and endorsed by Council.
BACKGROUND
Council developed and carried out a road need survey in 1984, to identify the extent of infrastructure expansion, improvement, rehabilitation and maintenance required across its transport network. The survey was and continues to be the basis of the rolling works programme, however as the programme has progressed, the list has been supplemented by requests from the community, Councillors, and issues identified by staff.
The survey was used for a number of years to identify projects for New Works Urban and ULR programmes as well as rehabilitation and reseal works. The development of the SMEC Pavement Management System has superseded the need for this style of survey for development of rehabilitation and reseal programmes. There is still a need, however to identify shortcomings in the network that require capital expenditure, and it is this requirement that is addressed by a road needs survey.
REPORT
In light of the time that has elapsed since the last road need survey has been conducted and the rapidly changing face of the city, it is timely for another survey to be conducted, with the aim of developing a prioritised list of projects from which to draw for the 3 year rolling works programme. This list will be supplemented in ensuing years by projects identified by Councillors, the community and staff, and assessed in the same manner as the projects identified in the survey.
The changing environment within which Council provides services to the community dictates that the road need survey take a somewhat different form from the one carried out in 1984. The main change is that risk management issues and litigation potential will need to receive much higher consideration than in the past.
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Road Need Survey (Cont.) This does not eliminate the consideration of aesthetics, or improved level of service, however logic would dictate that “must-do” issues should receive higher consideration than those that are optional.
The road need survey will be carried out in conjunction with the current budget process and it is anticipated that the field work for the survey will be completed before Christmas. The survey will consider the following issues in identifying the need for capital improvements in the network:
Road Needs Survey Assessment Parameters
Deficiency Comment Primary Secondary Tertiary Traffic/routes Current volumes Future volumes Speed Limits Pavement condition Pavement Condition Index from PMS Consistency with Pavement thickness Appropriate standard for zone (eg Land Use/ locality wearing course type, drainage standard, pavement width etc) Wearing course AC Look at AC in all industrial & commercial subdivisions, as well as cul-de-sac heads, selected intersections and property entrances. Two coat seal Gravel Type of drainage K&G Table drain Width of pavement Street scape Trees, street furniture, etc Footpath paving Lighting Load Limits Quality of pavement Traffic volume Assess where routes are being used as short cuts Geometry Vertical Sight distance Gradient Vertical Curve criteria Horizontal Sight distance Horizontal Curve criteria Cross Section Cross fall Superelevation/ camber Standard Relative to current standards Intersection Sight distance Alignment Traffic control problems Pavement condition PCI Estimate Width road elements Seal Shoulder Reserve Linked to hierarchy future needs and development
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Road Need Survey (Cont.) Deficiency Comment Primary Secondary Tertiary Signs/Markings Warning Sign Separate exercise combined with RTA survey Regulatory sign Line marking Pavement marking Raised Pavement Markers Furniture Guard Rail Ped. Fac. Guide post Drainage K & G Grade issues Scour Flooding issues Pedestrian safety
Illegal drive crossings Pipes/pits Table drain Cycleway Required under plan? Pedestrian Desire lines not Indicate nature of problem (wear path, movement accommodated pedestrian crossing, driveways, cross fall) Footpath amenity Aesthetics Appropriate to requirements of streetscape? Clear zones Width Relates to run-off area at side of roads (mainly rural roads with higher speed limits) Obstacles Accident History Desk top exercise Bridges/ culverts Separate exercise Embankment/ Stability cutting Development Future development Use to identify component works for potential S94 plans Initial seals Traffic volumes Frequency of AADT maintenance Appropriateness to setting Access Provisions Footpaths Pedestrian crossings Kerb ramps Utilities Water In road Leaking problem Relates to recurrent and continuous problems Power Proximity to road Relates to actual and potential restrictions on pavement widening (esp. regarding power pole placement) Environmental Road noise Problem? Relates to general residential amenity Water quality Relates to impact on adjoining areas such as SEPP14 wetlands etc. Dust Relates to relative residential amenity Lighting Adequacy
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Road Need Survey (Cont.) Intrinsic in many of these assessment criteria is an assessment of risk of personal injury or damage to property.
The projects that are developed from this inspection will be given preliminary costings and assessed for benefit using a simplified benefit/cost method, in order to allow an objectively prioritised list of works to be presented to Council.
Programme 1) Develop data base (in house) (3 – 11 October) 2) Trial evaluation (12 – 20 November) 3) Preliminary report to Council end November 4) Stage 1 (November/December) a) All rural b) Unsealed c) Urban arterial, sub-arterial, collectors 5) Assessment & data confirmation (end December) 6) Report preliminary outcomes of Road Need survey to Council (January) 7) Stage 2 (February) a) Local roads in older subdivisions (East Maitland, Tenambit, Telarah, Morpeth, Lochinvar, Largs, South Maitland, Central Maitland, Lorn, Bolwarra, Rutherford, Old Metford, Old Thornton, Woodberry) 8) Stage 3 (March) a) All remaining local roads
FINANCIAL IMPLICATIONS
This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS
This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS
There are no statutory implications under the Local Government Act 1993 with this matter.
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10.3.21 DRIVEWAY ACCESSES IN CARR AND GOODLET STREETS, RUTHERFORD
File No: 222/771
Responsible Officer: Brad Everett Group Manager Service Planning and Regulation
Author: Warwick Randall Manager Assets & Infrastructure Planning
EXECUTIVE SUMMARY This report deals with problems being experienced by residents in gaining access to their driveways in Carr and Goodlet Streets, Rutherford. The subdivision was one of the first ones in which roll top kerb was used and was a private subdivision. The kerb was required to conform to Department of Housing specifications, however after acceptance of the subdivision, it was discovered that the profile of the kerb did not conform to this profile, being too high and steep, and thus not enabling safe entry to the properties. There are 53 properties affected by the offending kerb profile in this subdivision.
OFFICER'S RECOMMENDATION That Council:
1. Adopt option 4 being that Council enforce the removal of steel plates driveway crossings, and install standard laybacks at Councils expense as outlined in the report.
2. Fund the work as an extra to the budget from the next quarterly budget review.
REPORT Vehicular access problems have been experienced by residents in both Carr and Goodlet Streets, Rutherford, since the subdivision was completed in the early 1980's.
The subdivision was one of the first ones in Maitland in which roll top kerb was used and was a private subdivision. The kerb was required to conform to the Department of Housing specifications, however after Council’s acceptance of the subdivision, it was discovered that the profile of the kerb did not conform to this profile, being too high and steep, not enabling safe entry to the properties. Shortly after the subdivision was accepted it is believed that the contractor went into receivership.
There are 53 properties affected by the offending kerb profile in this subdivision. Approximately 12 properties have subsequently installed their own laybacks to their drives, to overcome these problems. Of the remainder, 27 properties have installed
Page 131 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
UNAUTHORISED AND SUBSTANDARD DRIVEWAY ACCESSES IN CARR STREET AND GOODLET STREET, RUTHERFORD - PUBLIC SAFETY AND CORRECTIVE OPTIONS (Cont.) steel plate bridges, which are a contravention of Council’s policy, and raise broader issues in relation to Council’s possible public liability exposure.
The one other incidence of this occurring in the LGA (at approximately the same time as the issue in question) saw Council replace all the drive crossings shortly after the kerb was installed.
OPTIONS
The 4 main options available to Council to rectify the problem affecting the 53 properties are,
Option 1
Do nothing and accept the exposure to risk.
The potential Political and Financial cost to Council would be hard to measure except to say that if one claim was successful than many more could follow. Cost: Uncertain
Option 2
Enforce the removal of plates and installation of standard laybacks at owner’s expense. The normal practice where a vertical kerb is used is that laybacks are constructed at property owner’s expense however where roll top kerbs are used, many property owners do not choose to install a layback, opting instead to take advantage of the access allowed by the shape of the kerb. Cost: Enforcement cost
Option 3
The same as option 2, except the costs are shared between Council and the property owner, on a 50/50 basis which reflects to some extent the age of the kerb and gutter Full replacement cost is estimated at $37,100. Cost: $18,550 Option 4
The same as option 2, except 100% at Council expense due to the above circumstances. This would be consistent with Council’s response to the same situation in Lorn Cost: $37,100
FINANCIAL IMPLICATIONS With current budget allocations for this financial year on Kerb and Gutter repairs already committed and urgently needed on an area of major need within Council, funds needed to execute any of the options would need to be voted from the next quarterly review, or provided by dropping a reseal or rehabilitation job off this year’s programme.
Page 132 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
UNAUTHORISED AND SUBSTANDARD DRIVEWAY ACCESSES IN CARR STREET AND GOODLET STREET, RUTHERFORD - PUBLIC SAFETY AND CORRECTIVE OPTIONS (Cont.) POLICY IMPLICATIONS Installation of steel plates on drive crossings is contrary to Council policy.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
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10.3.22 BOLWARRA WAR MEMORIAL
File No: 35/20
Attachments (1) Permission Letter from Bolwarra PublicSchool
Responsible Officer: Brad Everett Group Manager Service Planning and Regulation
Author: Chris James Infrastructure Planning Engineer
EXECUTIVE SUMMARY This report deals with the reinstatement of the War Memorial located at the corner of Addison and Westbourne Roads, Bolwarra. The memorial has recently been dismantled and placed in storage by Council after being damaged by a unidentified motor vehicle to an extent that it was potentially unsafe. The location of the memorial ensures it will always be vulnerable and a potential safety hazard for vehicles.
Given the current circumstances and in particular the traffic safety concerns there is justification for the Council and the community to reassess its location.
OFFICER'S RECOMMENDATION THAT:
1. Council in consultation with the Maitland RSL Sub - Branch investigate the reinstatement, restoration and location options for the War memorial located at the corner of Addison and Westbourne Roads Bolwarra.
2. Council apply for Department of Veteran Affairs Grant funding for restoration of the Bolwarra memorial under the Federal Government’s Saluting Their Service commemorations programme.
3. Council seek public comment on relocating the war memorial to an alterative site within the Bolwarra area.
4. A further report to Council be provided advising the outcome of the investigation, consultation and grant application and recommending a course of action with regard to the future of the War Memorial.
REPORT This report deals with the reinstatement of the War Memorial located at the corner of Addison and Westbourne Roads, Bolwarra. The memorial has recently been dismantled and placed in storage by Council after being damaged by an unidentified motor vehicle to an extent that it was potentially unsafe. The location of the memorial ensures it will always be vulnerable and a potential safety hazard for vehicles.
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Bolwarra War Memorial (Cont.)
With the memorial dismantled the opportunity now exists to reassess the appropriateness of its current position
BACKGROUND The memorial commemorates the Australians who fought in the First World War. It is a sandstone plinth and granite obelisk structure approximately 3.5 metres high. The memorial is inscribed with the names of servicemen killed in battle and the wording “The Great War They Fought and Fell for King and Country”.
The existing site of the War memorial is its second location. The structure was originally located next to Bolwarra Public School (corner of Maitland and Patterson Roads) and was constructed using donations from the local community. Following a traffic accident in 1957 the memorial was moved to its present location.
The memorial has been the subject of a number of reports to Council. Most recently in August 1995 Council resolved to leave the memorial in its present location. This decision was made after considerable public consultation, which resulted in the receipt of 9 public submissions against, a petition of 170 signatures against and 2 submissions in support.
In August 2002, Council received representations from the Member for Maitland Mr John Price on behalf of a member of the Maitland RSL in support of concerns about the location and traffic hazard associated with the Memorial. In particular the issue of buses being unable to safely turn at the intersection of Westbourne and Addison Roads. Councils Traffic Committee considered the matter on the 5th September 2002 and recommended;
1. That the issue be investigated with respect to traffic safety and vehicle movements and a further report be provided to the committee 2. From a safety perspective the memorial be removed.
Subsequent to the Traffic Committee meeting the memorial was damaged and removed as detailed above.
Discussions have been held with the President of the Maitland RSL Sub - Branch who indicated that the local members would be prepared to consider alternative location options for the memorial.
REINSTATEMENT OPTIONS AND ISSUES Available options with regard to the future of the memorial are
1. Reinstate it in its current location at the intersection of Addison and Westbourne Roads Bolwarra 2. Relocate the Memorial to an alternative site 3. Choose not to re-erect the memorial
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Bolwarra War Memorial (Cont.) For Council and the community to make an informed decision the principal issues for consideration are
1. Memorial ownership and Heritage issues 2. What is achieved by relocation of the War Memorial 3. Alternative site options 4. Cost of repair and reinstatement
Ownership
The memorial is a community asset. It was constructed using donations from the local community to commemorate the service of men from the local district. The memorial is located on public road. Councils generally own war memorials and are the level of government closest to local communities. Council and the Maitland community is therefore responsible for any maintenance or reconstruction works.
Heritage
The memorial is listed in the Maitland L.E.P as a heritage item of local significance. Councils Heritage Advisor has offered the following comments:-
The memorial is located within the Bolwarra Conservation Area in both its recent and original position.
The memorial is considered to have significance on a number of different levels. Its social significance relates to its symbolic value for the town, recording an important Historical event as a memorial to the town’s sacrifice and contribution to World War 1.
Its aesthetic significance relates to its landmark qualities, representing (in its original position opposite the former school site), a key town focal point. Its monumental form also provided a focal point, probably to a lesser extent, in its position on the corner of Addison and Westbourne Roads.
In order to retain its significance, it would be preferable for a prominent location to be chosen within the historic town centre boundaries for its re-erection, where its landmark qualities could be maintained in their original historic context.
It is further recommended that it would be opportune to consider undertaking any repairs which are required, the details of which should be identified through an appropriate specialised assessment.
Relocation
The principal issues associated with the relocation are
1. The current location is a traffic hazard which is evidenced by the significant damage that was incurred as a result of the last accident. The memorial will continue to be damaged if it is re-erected at the intersection.
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Bolwarra War Memorial (Cont.) 2. The memorial is acting as a de facto traffic management device, a function for which it is neither required, appropriate or designed. Currently buses and large vehicles have to pass on the inside of the corner to negotiate the intersection. 3. The present location is not original and its relationship with the memorial does not have the significance of the original location. 4. The incidents of damage and cost of maintenance and preservation of the memorial would be reduced if the memorial were removed from the road. 5. Relocation would enhance access and safety of memorial visitors especially school children. 6. Similar costs will be incurred in reinstating the memorial not withstanding the location selected. 7. Relocation provides an opportunity renew the community’s awareness of the importance of war monuments as part of our nation identity.
Site Options
A number of alternative sites are potential locations for the memorial including:-
1. Bolwarra School – either within the grounds or the grassed traffic island fronting the school in Bolwarra Road. 2. Bolwarra Lookout 3. Bolwarra Sporting Complex
A copy of a letter received by the RSL from the Bolwarra school granting approval for the school grounds as a potential site is attached. (attachment 1)
Cost
At this time quotations have not been obtained for re-erection of the memorial. Final costs will be subject to the location of the memorial and extent of repairs required however for estimating purposes they are expected to be the order of $12,000 to $15,000.
Council does not have a specific budget item for memorial maintenance. Grant Funding is available from the Department of Veterans Affairs under their Saluting Their Service commemorations programme, which is designed to preserve military heritage including the construction, restoration and preservation of community war memorials. The maximum grant available is $4,000 however if Council can contribute funding there may be an opportunity to seek additional grant monies. The closing date for the next round of applications is the 12th December 2002. Council and the RSL are eligible to apply either jointly or individually however the support of the RSL is required for any application. In this regard the next meeting of the Maitland RSL Sub – Branch is the 3rd December 2002.
CONCLUSION A war memorial is designed to preserve the memory and highlight the sacrifice and service of Australia’s servicemen and women in war. . The views of a community regarding the location and preservation of a memorial will obviously be emotive, personal and vary with the individual. However, given the current circumstances and
Page 137 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
Bolwarra War Memorial (Cont.) in particular the traffic safety concerns raised with the Bolwarra memorial there is justification for Council and the community to reassess its location.
It is recommended that in consultation with the Maitland RSL Sub-Branch an application be made to the Department of Veteran Affairs (DVA) for a grant to re- erect the memorial with the location to be confirmed following a public consultation process.
FINANCIAL IMPLICATIONS This matter will have a financial impact upon Councils adopted budget if a decision is made to re-erect the memorial. Grant funding is available from the Department of Veterans Affairs to assist with the repair and reinstatement of the memorial. Based on a preliminary estimate of cost of $15,000 Council may have to fund approximately $11,000. Given the possibility of attracting additional funds from the DVA it is recommended that the grant application be made to the Department with Council undertaking to fund 50% of the cost of the reinstatement up to a maximum of $10,000 with this funding to be made available from identified savings in the next quarterly budget review.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 138 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
10.3.23 TEMPORARY ROAD CLOSURE - HIGH STREET, MAITLAND FOR ANNUAL "BALL IN THE MALL"
File No: 122/944/1
Responsible Officer: Brad Everett Group Manager Service Planning and Regulation
Author: Chris James Infrastructure Planning Engineer
EXECUTIVE SUMMARY The Secretary of the Lions and Lioness Australia Day “Ball in the Mall" Committee has lodged its annual application to temporarily close part of High Street Maitland between Elgin Street and Bourke Street on the evening of Saturday the 25th January 2003 for the annual charity Ball in the Mall.
The proposed closure was advertised in accordance with the requirements of the Roads Act, 1993 and was considered by the Local Traffic Committee for consideration.
The Local Traffic Committee recommends approval of the closure, subject to conditions. This proposal is now referred to Council for final approval in accordance with the terms of the Delegation of Authority by the Roads and Traffic Authority in respect to temporary road closures.
OFFICER'S RECOMMENDATION THAT permission for the Lions Club Australia Day “Ball in the Mall” Committee to temporarily close High Street, to vehicular traffic only, be granted in accordance with the conditions set out by Council’s Local Traffic Committee.
REPORT An application has been received from the Lions Club Australia Day Ball in the Mall Committee to temporarily close High Street Maitland to vehicular traffic only, between Elgin Street and Bourke Street from 4.00pm on Saturday the 25th January 2003 to 3.00am on Sunday the 26th January 2003.
The purpose of this closure is to hold the annual Ball in the Mall. This function and the associated road closure are a regular occurance in the Maitland CBD Mall over the past few years.
A notice was placed in the Maitland Mercury advising of the proposal and requesting comments with the closing date for any written submissions being the 25th October 2002.
Page 139 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
Temporary Road Closure - High Street, Maitland for Annual "Ball in the Mall" (Cont.) In addition to the notice in the Mercury, business owners and occupiers within the closure area also received a hand delivered flyer regarding the proposed closure and public utility authorities and statutory bodies were contacted by fax.
No comments or objections were received by Council.
The matter was considered by the Local Traffic Committee on the 7th November 2002 with the following conditions recommended to Council:
Conditional consent for the Lions Club Australia Day “Ball In The Mall” Committee to temporarily close High Street, Maitland from Bourke Street and Elgin Street between the hours of 4.00 p.m. Saturday the 25th January 2003 and 4.00 a.m. on Sunday the 26th January 2003 be granted as follows:
1. The applicant liaise with Maitland Traffic Services Unit of the NSW Police Service at Maitland Police Station;
2. The applicant provide Council with a copy of their public liability coverage for the event to a minimum value of $10 million;
3. Barricades be placed over the entrances to the Mall in High Street and Bulwer Street separating the event area from the general public;
4. Any damage to the Mall infrastructure / fittings / furniture as a result of the “Ball in the Mall” activities be the responsibility of the applicant to repair / replace to Council’s satisfaction;
5. This application does not become effective until all Council fees associated with temporary road closure are received by Council.
CONCLUSION This event has occurred annually for several years with little or no adverse comment from the public and there are no significant road or pedestrian safety issues that have resulted in re-assessment of the previous conditions relating to consent.
FINANCIAL IMPLICATIONS As the event is a charity ball, the Group Manager Service Planning & Regulation, in line with his delegation, waived the $200.00 application fee covering Council’s cost to administer the application. The remaining fee of $165.00 (for advertising) is to be paid by the applicant.
Non-payment of the required advertising fee of $165.00 will result in Council’s budget bearing the cost of the advertising for this event.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
Page 140 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
Temporary Road Closure - High Street, Maitland for Annual "Ball in the Mall" (Cont.) STATUTORY IMPLICATIONS This proposal is in accordance with the provisions of Division 2, Part 8 (Regulation of Traffic by Road Authorities) of the Roads Act, 1993, and the terms of the Delegation of Authority to Councils, by the Roads and Traffic Authority, in relation to temporary road closures.
Page 141 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
10.3.24 ALCOHOL FREE ZONE-HIGH STREET MAITLAND
File No: 21/44/1
Attachments: (1) Application for Alcohol Free Zone
Responsible Officer: Brad Everett Group Manager Service Planning And Regulation
Author: Chris James Infrastructure Planning Engineer
EXECUTIVE SUMMARY This report advises Council of the expiry of the alcohol-free zones in High Street Maitland, Rutherford Mall and various Maitland CBD streets.
Correspondence has been received from the Maitland Uniting Church requesting that the car park adjacent to the Uniting Church Memorial Hall in Ken Tubman Drive be declared an alcohol free zone.
It is considered that the factors that originally supported the introduction of the alcohol-free zones have not altered and as such there are sufficient grounds for Council to commence the process of re-establishing the zones including the requested Uniting Church car park.
OFFICER'S RECOMMENDATION THAT:
Council commence the process of re-establishing the alcohol free zones in:
1. High Street, Maitland between Church Street and Ken Tubman Drive (east) including the Maitland Heritage Mall
2. Rutherford Mall, Rutherford. From East Mall to West mall, covering public pathway areas.
3. Maitland Central Business District streets;
a) Ken Tubman Drive (east) from High Street to Church Street
b) Church Street from Ken Tubman Drive to High Street
c) High Street from Church Street to Little Hunter Street
d) Elgin Street from High Street to Ken Tubman Drive
e) Bulwer Street from High Street to Ken Tubman Drive
Page 142 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
ALCOHOL FREE ZONE-HIGH STREET MAITLAND (Cont.) f) Bourke Street from High Street to Ken Tubman Drive
4. Council leased Uniting Church car park in Ken Tubman Drive.
REPORT INTRODUCTION
The purpose of this report is to advise Council of the expiry of the alcohol – free zones in
1. High Street, Maitland between Church Street and Ken Tubman Drive (east) including the Maitland Heritage Mall
2. Rutherford Mall, Rutherford. From East Mall to West mall, covering public pathway areas.
3. Maitland Central Business District streets; a) Ken Tubman Drive (east) from High Street to Church Street b) Church Street from Ken Tubman Drive to High Street c) High Street from Church Street to Little Hunter Street d) Elgin Street from High Street to Ken Tubman Drive e) Bulwer Street from High Street to Ken Tubman Drive f) Bourke Street from High Street to Ken Tubman Drive
The term of these alcohol free zones expired on the 30th September 2002.
LEGISLATION
A Council may resolve to declare the re-establishment of an alcohol free zone under the Local Government Act 1993, Part 4 – Street Drinking. The establishment of an alcohol–free zone is a means by which a Council may prescribe the locations within its area where the consumption of alcohol is not permitted.
In the Ministerial Guidelines on Alcohol Free Zones provided by the Department of Local Government it is pointed out that, because of restrictions placed on the personal freedom of citizens, a zoning should be undertaken only where a Council is convinced that the need exists, and the evidence of that need can be clearly demonstrated. It should be noted that any proposal for the introduction or re- establishment of alcohol-free zones must comply with these guidelines.
Section 644 of the Local Government states: -
A Council may prepare a proposal for the establishment of an alcohol-zone, either on its own motion or on the application of one or more of the following people:
(a) a person who the Council is satisfied is a representative of a bona fide community group active in the area
(b) a police officer Page 143 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
ALCOHOL FREE ZONE-HIGH STREET MAITLAND (Cont.)
(c) a person who the Council is satisfied lives or works in the area.
An alcohol free zone may comprise either or both of the following:
(a) a public road or part of a public road
(b) a public place that is a car park or part of a car park.
The maximum period, which Council can declare an alcohol-free zone under the Act, is 3 years.
RE-ESTABLISHMENT OF AN ALOCHOL FREE ZONE
To date Council has not received an application to re-establish the above alcohol free zones.
Correspondence has been received from the Maitland Uniting Church requesting that the car park adjacent to the Uniting Church Memorial Hall in Ken Tubman Drive be declared an alcohol free zone (Annexure 1). This application is not on the prescribed application form however Council itself may prepare a proposal for this area if it considers that there are sufficient reasons to support this action.
Maitland Police have advised in discussions on the matter that they support the re- establishment of all the existing zones. It is understood that the Police will be submitting a formal application in this regard.
The guidelines state that a proposal to establish an alcohol free zone must in all cases be supported by evidence that the public’s use of those roads and car parks has been compromised by street drinkers. It is considered that sufficient reasons are present for Council to decide if alcohol free zones are still appropriate in areas of the City. These include:-
1) To control of the consumption of alcohol within the public areas of Maitland CBD and Rutherford Mall 2) To reduce alcohol related incidents including property damage, littering and offensive behaviour 3) To provide safe areas for members of the public and promote the use of the CBD and Rutherford Mall roads and car parks as safe environments 4) To contribute to the maintenance and improvement of the amenity of residents in the vicinity of these zones.
It is recommended that Council commence the process of re-establishing the above alcohol free zones and establish a new alcohol – free zone in the Uniting Church car park in accordance with the Act and Guidelines.
The steps involved are:-
1) Council must prepare a proposal in conjunction with the local Police 2) Advertise in the local paper inviting objections and representations Page 144 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
ALCOHOL FREE ZONE-HIGH STREET MAITLAND (Cont.) 3) Send a copy of the proposal to the police, liquor licensees and registered clubs that border on or are adjacent to the proposed zone inviting representations 4) Send a copy of the proposal to organisations representing identifiable aboriginal or ethnic groups inviting representations or objections. 5) Council after consideration to submissions received resolves whether or not to establish a zone.
If this procedure is commenced in December 2002, Council will be in a position to consider the matter at its 28th January 2003 meeting.
An application has been received from the Australia Day in the Mall committee for the suspension of the alcohol–free zone in the Maitland Heritage Mall between 7-00 pm on Saturday 25th January and 3-00 am Sunday 26th January 2003. This application will not require approval by Council as an alcohol–free zone will not exist over the closure area.
Conclusion
It is considered that the factors that originally supported the introduction of the alcohol-free zones have not altered and as such there are sufficient grounds for Council to commence the process of re-establishing the zones including the requested Uniting Church car park.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Councils adopted budget or forward estimates. Any costs associated with amending the existing signage can be accommodated within existing budget allowances.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 145 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
10.3.25 RECREATION AND OPEN SPACE REVIEW
File No: 103/108
Responsible Officer: Brad Everett Group Manager Service Planning and Regulation
Author: Leanne Harris Manager Corporate Planning
EXECUTIVE SUMMARY This report seeks Council support to allocate $50,000 towards a Recreation and Open Space Strategy Review which has been identified by the Council as a high priority.
OFFICER'S RECOMMENDATION THAT
1. Council resolve to proceed with the preparation of a Recreation and Open Space Strategy for the City of Maitland.
2. The strategy be funded from within the current budget in unexpended salaries from the Recreation Division of the Service Planning and Regulation Group ($25,000) and the remaining 50% be sourced from funds contained within the “administrative component” of Section 94.
REPORT Council’s adopted Management Plan 2002/2005 lists various strategic initiatives in respect of the City’s open space network, sporting and recreational facilities, however no specific funding was identified to undertake the required works.
A review of the current recreation and open space strategy, together with suggested rationalisation strategies, have been the subject of various Council reports, particularly recently with the decision to proceed with a grant application for the development of a regional sporting facility for the City.
The existing Recreation and Open Space Strategy dates back to 1992 and a review to ascertain the adequacy of current facilities in Maitland is now considered warranted. This review will be of particular use for Council’s short to medium term recreation planning and will assist with Section 94 planning for recreational facilities and activities. Such a review however, will be relatively time consuming and resource intensive.
If the review is to be completed in accordance with the adopted Management Plan and within a reasonable timeframe, specific financial resources are required to fund the costs associated with an external consultant. This type of review requires Page 146 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
Recreation and Open Space Review (Cont.) specialist expertise and current resources are such that the work cannot be performed internally. Accordingly this report is recommending the allocation of the estimated $25,000 that would be needed to cover the costs of the study as part of the September quarterly budget review.
FINANCIAL IMPLICATIONS This report is recommending the allocation of $50,000 for a recreation and open space strategy review. Up to $25,000 is available within the current budget in unexpended salaries from the Recreation Division of the Service Planning and Regulation Group. The remaining 50% can appropriately be funded from funds contained in the “administrative component” of Section 94.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 147 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
10.3.26 REPAIRS TO CANTILEVERED BALCONY - RED LION INN
File No: P10797
Attachments: (2) Correspondence from Jeremy Wallace Correspondence from Bill Jordan and Associates Pty. Ltd.
Responsible Officer: Brad Everett Group Manager, Service Planning and Regulation
Author: Clare James Heritage Officer
EXECUTIVE SUMMARY At the Ordinary Meeting held on 14th August, 2002 Council resolved to allocate additional funding to allow for detailed costing to be prepared by Bill Jordan and Associates for repairs to the Red Lion Inn front balcony.
This report presents the outcome of these investigations, and a response from the prospective purchaser of the Red Lion Inn, endorsed by the current owner.
OFFICER'S RECOMMENDATION THAT:
1. Council revise and re-issue the Order dated 19th March, 2002 placed on the balcony requiring the repair of the balcony in accordance with the Engineering Report and costings prepared by Bill Jordan and Associates;
2. The repair work be required to be undertaken within a 12 month timeframe from the date of the revised Order.
REPORT Further to Council's resolution of 14th August, 2002 Bill Jordan, with the assistance of the owner of the Red Lion Inn, undertook further detailed investigations into the structural adequacy and suitable repair methods for the building's front balcony.
This included:
• Lifting the floor boards and balcony ceiling lining boards to allow accurate measurement of the structure; • Engaging an inspector from the State Forest of NSW to identify the timber species.
Page 148 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
RED LION INN (Cont.) A report was prepared as a result of these investigations which recommended that a combination of repair methods be used to enable the temporary support posts to be removed and to repair the balcony. This would involve splicing in new outer joist sections to joists within the building, upgrading existing joist splices, and the reinforcement of joists which display unacceptable levels of rot on the top surface.
The report estimated a cost of $22,000 to undertake these works.
The owner of the Red Lion Inn was invited to review the report and provide comment to Council.
Correspondence was subsequently received from Mr. Jeremy Wallace, who has shown an interest in purchasing the property. Mr. Wallace advised that he intends to progress restoration work on the property and requested a period of 12 months to undertake repairs to the balcony in compliance with any order placed by Council in this regard. This correspondence was endorsed and signatured by the current owner, Mr. Kent Simpson
A period of 12 months to undertake the repairs is considered to be reasonable in the context of the new property ownership to enable the owner to obtain additional quotes to undertake the work.
It is therefore recommended that the Order placed on the building dated 19th March, 2002, be revised to require removal of the temporary posts and to undertake repairs to the balcony in accordance with the Engineering Reports prepared by Bill Jordan and Associates dated 13th September, 2002 and 14th May, 2002.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 149 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
10.3.27 RESOURCING ISSUES - APPROVALS AND REGULATORY
File No: 130/69/2
Responsible Officer: Brad Everett Group Manager Service Planning and Regulation
Authors: Stephen Burgess Business Support Officer
Leanne Harris Manager Corporate Planning
EXECUTIVE SUMMARY In May 2002, Council resolved to authorise the use of up to $50,000 from increased revenue from regulatory services and functions to employ casual staff to help maintain a consistent level of service to the community and development industry. Whilst this additional funding has been beneficial to assist within the Approvals and Regulatory Division, this report is presented to Council to highlight the continued resourcing issues within the Division. The report confirms that there is a continuing negative trend whereby:- • the number of Development Applications and Construction Certificates on hand are increasing to unacceptable levels; • application approvals have decreased, relative to the increased number of applications lodged; • subdivision construction activity is at a significantly high level, particularly in regard to inspection works associated with the release of new lots which is impacting on service levels generally; and • median times taken to approve applications are also increasing.
Whilst the Council resolution of May 2002 allocated some additional financial resources to address periods of peak demand, this has not been sufficient to address the situation fully, and it is continuing to deteriorate. It is now to the stage that additional staffing resources are considered the only option to effectively ensure that acceptable levels of service can be maintained. Continuing strong population growth, coupled with industry trends, indicate that the situation is unlikely to change, particularly in the short term.
Accordingly, this report seeks Council’s consideration for the employment of additional permanent staff, to provide the resources necessary to allow:- the number of Development and Building Applications on hand to fall and be maintained at an acceptable level; all applications to be appropriately dealt with within the required statutory timeframes and to meet Council’s and the development industry’s expectations; and continued support for subdivision works within the LGA.
Page 150 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
Resourcing Issues - Approvals and Regulatory (Cont.) Funding sources to cover the costs associated with the extra positions are identified and detailed within the report.
The report also provides details on expenditure to date against the additional $50,000 Council allocated in May 2002, and recommends that Council again allocate these funds to continue assisting with effective resourcing of the Division.
OFFICER'S RECOMMENDATION THAT:
1. Council employs:
- one (1) additional Town Planner;
- one (1) additional Building Surveyor;
- one (1) additional Subdivision Engineer;
- one (1) Trainee Engineer; and
- two (2) additional Administrative Staff
to maintain appropriate levels of service within the Approvals and Regulatory Division.
2. The $300,000 needed for these positions be funded from the following sources:
a) New Revenue generated as a result of imposition of development application fees for dwelling houses, based on legislative provisions of the Environmental Planning and Assessment Regulation 2000, as reported to Council’s Approvals and Regulatory Committee meeting of the 12th November 2002.
b) Excess Actual Revenues (combined incomes from Construction Certificates, Compliance Inspections, Development Applications, Plan Checking fees and Section 149 Certificate fees) compared to Budgeted (estimated) Revenues generated as a result of sustained high levels of activity in the building and development industry
3. The positions be offered on a permanent basis.
REPORT In May 2002, Council considered a report on the resourcing issues within the Approvals and Regulatory Division that were impacting upon the effective operation of the Division and the level of service being provided to the development industry and the community.
In response, Council resolved to:
Page 151 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
Resourcing Issues - Approvals and Regulatory (Cont.) - allocate up to $50,000 per year, from excess revenue, for the purpose of employing casual staff to help assist the Division - report revenue variations and levels of casual employment funded through this increased revenue on a quarterly basis - have the Executive Manager – Human Resources present a further report outlining incentives that may be offered to retain key staff and the cost of such incentives
This report is presented to Council to firstly outline the details of the excess revenue and expenditure in accordance with the previous Council resolution and secondly, to highlight to the Council the continued resourcing problems being faced by the Division. Various statistical information is contained within the report confirming the current and historical trends and functioning of the Division.
A report on the matter of incentives to retain key staff is currently being considered by Council’s Corporate Management Team and will be further reported to Council after it has been investigated and costed more thoroughly.
EXPENDITURE AGAINST $50,000 EXCESS REVENUE
For the year ending 30th June 2002, the final result indicated that an additional $153,813 in income from the approvals and regulatory division was generated over that originally estimated. As Council would also be aware however, an additional $278,000 from excess income was returned to Council’s general revenue and budget via the quarterly review processes throughout the 2001/2002 year.
Annual income estimates are based on historical trends and the result for 2002 is a reflection of the increased level of development and building activity experienced over the year.
In accordance with the Council resolution of May 2002, $50,000 of this excess revenue was allocated to assist the resourcing of the Approvals and Regulatory Division in the following ways:
- overtime for existing professional and administrative staff, including customer service staff - additional casual administrative staff - casual engineering staff to assist with subdivision plan checking works - casual building surveyors – construction certificate processing as well as compliance inspections
The funds have been used to address key areas of demand. Over the previous quarter these have related to a backlog of applications being received/receipted within the Customer Service Centre and the associated administrative requirements involved in compiling, checking, notifying and circulating files. There has also been significant demand for subdivisional engineering works associated with approving, checking and monitoring new subdivision works and plans for the City.
Whilst the additional funding has been well utilised and very beneficial to date, it will need to continue to ensure that service levels do not deteriorate further. So far the Page 152 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
Resourcing Issues - Approvals and Regulatory (Cont.) funding has largely been applied to ensure that the initial administrative requirements are now as up to date as possible, however this in turn is leading to heavier workloads for professional planning, building and engineering staff who are now trying to assess the large numbers of files before them.
By continuing the practice of allocating up to $50,000 per annum in excess revenue for use as a flexible resource within the Development Services Division Council will be able to cater for periods of peak demand. Whilst this will not offset the resourcing issue entirely, it will at least provide a mechanism to react to specific pressures within the Division at any one time.
CURRENT TRENDS IN DEVELOPMENT SERVICES
As reported to Council in May 2002, the number of applications being received by Council continues to rise. Current analysis indicates that:
- the number of Development Applications and Construction Certificates on hand or outstanding are increasing to unacceptable levels; - there has been a fall in the number of applications approved relative to the increased number of applications being lodged; - median times taken to process these applications are starting to increase; and - there is significant subdivision construction activity across the LGA.
Data for both Development Applications and Construction Certificates clearly demonstrates that with current resourcing levels, staff have been managing to approve increasing numbers of applications, but they can only do so much and the difference between the numbers lodged and what is being approved is starting to increase. This is resulting in significantly greater numbers of applications being categorised as outstanding, leading to increased median processing times.
Further analysis on this data is presented graphically below.
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Resourcing Issues - Approvals and Regulatory (Cont.)
DAs - Outstanding, Lodged & Approved
3,000
2,500
2,000
1,500 Introduction of integrated development legislation 1,000
500
0 1/7/02 to 1995 1996 1997 1998 1999 2000 2001 2002 30/06/03 Projected DAs Outstanding 93 97 107 125 212 165 197 286 571 DAs Lodged 403 371 402 430 1,515 1,817 1,391 1,936 2,475 DAs Approved 417 367 392 412 1,428 1,864 1,359 1,847 2,190
The above chart shows the numbers of Development Applications Outstanding, Lodged and Approved for the financial years 1995 to 2002 with a projection for the current financial year 2003 based on activity from 01/07/02 to 29/10/02. This chart indicates that since 1999 (the first year following the introduction of the Integrated Development Legislation coming into effect) :- • The number of DAs lodged has increased by 64% • The number of DAs approved has increased by 53% • The number of DAs on hand has increased by 169%
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Resourcing Issues - Approvals and Regulatory (Cont.)
DA Median Days
60
50
40
30
20
10
0 1/7/02 to 1995 1996 1997 1998 1999 2000 2001 2002 30/06/ 03 Projected
DAs Median days 51 44 32 30 22 17 16 21 32
The above chart shows that since 1999 there has been an increase of approximately ten days (now projected as up to 32 days) in the average median time to determine a Development Application. The state average is 29.6 as reported in the 2000/01 Comparative Information on NSW Local Government Councils document issued by the NSW Department of Local Government. Council has traditionally prided itself on the efficiency of its development processing, particularly when benchmarked against state wide trends and the performance of other Local Hunter Councils. This data is showing a negative trend, particularly when considered in the context of Council’s and the development industry’s expectations.
CCs - Outstanding, Lodged & Approved
3,000
2,500
2,000
1,500
1,000
500
0 1/7/02 to 1995 1996 1997 1998 1999 2000 2001 2002 30/06/03 Projected CCs Outstanding 209 119 130 195 159 103 125 209 739 CCs Lodged 1,329 1,206 1,176 1,403 1,316 1,606 1,222 1,846 2,423 CCs Approved 1,358 1,296 1,165 1,338 1,352 1,662 1,200 1,762 1,893
Page 155 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
Resourcing Issues - Approvals and Regulatory (Cont.) Similarly this chart graphs the numbers of Construction Certificate Applications Outstanding, Lodged and Approved for the financial years 1995 to 2002 with a projection for the current financial year 2003 based on activity from 01/07/02 to 29/10/02. This chart shows that since 1999:- • The number of CCs lodged has increased by 84% • The number of CCs approved has increased by 40% • The number of CCs on hand has increased by 364%
CCs Median days
45
40
35
30
25
20
15
10
5
0 1/7/02 to 1995 1996 1997 1998 1999 2000 2001 2002 30/06/03 Projected CCs Median days 42 28 18 17 20 15 14 14 28
Based on current trends it is estimated that there will also be a significant increase in the median processing days to determine a Construction Certificate Application.
In addition to processing applications, resources are also being used for preparing and issuing Section 149 Certificates and Building Certificates, general correspondence, complaints, and customer service inquiries (telephone and counter). Whilst the current priority and focus is on trying to improve application processing service levels, there needs to be a balance between the quantity and quality of work. Community expectation and levels of risk management need to be considered as part of the overall solution.
Trends in income generation confirm the current high levels of development, building and subdivision activity in the City. The following graph provides an overview of total or consolidated income being generated for the main activities in the Approvals and Regulatory Division. This income is made up of: - development application fees - construction certificate fees - subdivision plan checking fees - applications for Section 149 certificates - requests for compliance inspections and certificates (building and subdivision works)
Page 156 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
Resourcing Issues - Approvals and Regulatory (Cont.)
APPROVALS & REGULATORY DIVISION INCOME
$1,600,000
$1,400,000
$1,200,000
$1,000,000
$800,000
$600,000
$400,000
$200,000
$0 1/07/02 to 1995 1996 1997 1998 1999 2000 2001 2002 30/06/03 Projected
Projected Income Growth $253,231 Actual $573,345 $557,697 $792,737 $921,085 $1,024,014 $1,120,806 $788,426 $1,206,813 $1,206,813 Vote $580,000 $540,000 $780,000 $820,000 $926,000 $1,065,000 $767,000 $1,053,000 $993,000
Whilst it is very difficult to accurately estimate or project future income generation, the levels of current activity indicate that income levels will again significantly exceed the original estimates. Assuming that income levels will again reach the same level as last year, this will potentially provide an additional $200,000 in income for the Council. Current activity levels however suggest that the total income may even exceed that of last year, potentially providing an additional $400,000 to $450,000. It should be noted that these figures are very conservative and should not be viewed as completely accurate at this stage, particularly as we are only just through the first quarter of the year.
From the 1st December 2002, it is proposed to levy a development application fee for the construction of a dwelling house. Based on current and past trends, a further estimate of additional income generated from this source is presented below. Assuming the approval of an average 50 applications for dwellings per month between December and June 2003, with an average value of $150,000, a further $200,000 income would be generated, taking the total estimated income to between $600,000 and $680,000 above that originally estimated.
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Resourcing Issues - Approvals and Regulatory (Cont.)
APPROVALS & REGULATORY DIVISION INCOME
$1,800,000
$1,600,000
$1,400,000
$1,200,000
$1,000,000
$800,000
$600,000
$400,000
$200,000
$0 1/07/02 to 1/7/02 to 1995 1996 1997 1998 1999 2000 2001 2002 30/06/ 03 30/06/ 03 Projected Projected
Project ed Income Growt h $253,231 $470,231
Actual $573,345 $557,697 $792,737 $921,085 $1,024,014 $1,120,806 $788,426 $1,206,813 $1,206,813 $1,206,813
Vot e $580,000 $540,000 $780,000 $820,000 $926,000 $1,065,000 $767,000 $1,053,000 $993,000 $993,000
Overall it is considered likely that the trends being discussed in this report are likely to continue given that:
• The staff complement within the Division has not expanded for a number of years even though the number of Development and Construction Certificate Applications has substantially increased. • Statutory assessment processes have and will continue to become increasingly complex. • The Division is already operating at its peak efficiency resulting from the enhancements to the CIVIL approvals system and a thorough review of work flows and processes. • The increasing activity in the Division represented by the increasing numbers of Development Applications and Construction Certificates lodged is unlikely to diminish especially considering the continued growth that the Maitland’s LGA has and is likely to continue to experience in the foreseeable future.
Based on population census data between 1996 and 2001, growth in the City occurred at a rate of 1.5% per annum, with a total population figure of 53,803 determined by the 2001 census. However, significant population growth above this rate was experienced within several key centres including Thornton (4.5%pa), East Maitland (2.1%pa) and Ashtonfield (5.7%pa).
Council’s monitoring of the creation of new residential lots has shown some significant changes in 2001/2002. For the year ending 30th June 2002, 544 new housing lots were created in the Maitland LGA. Applying an occupancy rate of 3.2 persons / lot (as adopted in the Citywide Section 94 Contributions Plan) this amounts
Page 158 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
Resourcing Issues - Approvals and Regulatory (Cont.) to 1,740 new residents or a growth rate of approximately 3 % per annum based on the 2001 population figure.
Trends for the current year indicate that a growth rate of a minimum of 1.5% will again be achieved.
RESOURCING OPTIONS
To have any significant impact on processing times and general resourcing of the Division, the only real solution is considered the employment of additional staff. Based on current workloads and an analysis of current trends, an additional Town Planner, an additional Building Surveyor, and an additional Subdivision Engineer will be required. It is also recommended that Council consider the employment of a Trainee Engineer as an additional cost effective resource for the organisation. With the additional professional employees, two additional Administrative staff will also be necessary to service the day to day functioning of the Division.
This report is recommending the employment of additional staff on a permanent basis. Other options that have been considered include further casual staff or to offer positions on a fixed term contract basis such 12 or 24 months. Historical trends however indicate that in order to attract staff of an appropriate level and calibre, permanent employment appears to be the most attractive option.
FUNDING OPTIONS
Approximately $300,000 will be required to fund the six additional positions being suggested. This covers wages and on-costs but does not include the cost of motor vehicles or other benefits.
As reported to the Approvals and Regulatory Committee meeting of the 12th November 2002, to date Council has not been charging a fee for development applications for dwelling houses. This has been a historical decision and from the 1st December 2002 it is now proposed that this fee will be levied in accordance with the Legislation, particularly given this is the only Council in the local region that is currently not charging such fees.
The table below shows the fee prescribed by the legislation for development applications, based upon the estimated cost of the development.
Estimated Current MCC Fee New Add On Total DA fee Cost DA fee Prescribed in Fee (State Legislation Gov.) Up to $0 $300 $64 $364 $100,000 $200,000 $0 $770 $128 $898 $300,000 $0 $1,085 $192 $1,277 $500,000 $0 $1,425 $320 $1,745
Page 159 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
Resourcing Issues - Approvals and Regulatory (Cont.) The average house is estimated to cost in the order of $150,000 to $200,000. Over the 2001/2002 period, Council approved a total of 627 applications for dwellings. Using $150,000 as a typical value for these dwellings, by charging the prescribed fee, Council would have generated in the order of $350,000 to $400,000 in additional income. Such annual income would be able to significantly offset the costs associated with the additional staff being recommended.
It should be noted that the fees prescribed by the legislation reflect the costs associated with processing the application, particularly given the administrative and professional time taken to assess, compile and issue an approval for each application.
In addition to new revenue generated by the introduction of DA fees for dwellings, the statistical data presented in this report indicates that there is likely to be significant additional income generated from the overall activity levels currently being experienced. This too will provide Council with suitable funding sources to offset the costs associated with the new employees.
Council has also recently introduced a subdivision drainage plan checking fee to help recover the costs associated with processing, checking and approving on-site drainage detention (OSD) plans. The fee was introduced on the basis of extended requirements for on-site detention, needed to alleviate flooding problems caused by overloading the urban stormwater system. The new requirements have brought Maitland Council into line with accepted industry standards, including the new Water Sensitive Urban Design Guidelines. It is estimated that this fee will generate in the order of $30,000, which could be largely used to offset the salary of a new trainee engineer who could assist in the OSD plan checking process.
STAFF TURNOVER AND ONGOING MONITORING
In order to attract suitable applicants, this report is recommending the employment of new staff on a permanent basis. Whilst current development activity levels are high, there is no absolute guarantee that they will remain this way indefinitely and Council may have some reservations about a future down-turn in the industry. However, the employment of new permanent employees needs to be considered in the context not only of levels of building and development activity but the nature of this type of employment together with historical staff turnover rates within the Approvals and Regulatory Division.
As reported to Council in May 2002, industry average for voluntary staff turnover for Local Government was 12.2%, while the average for Maitland City Council was 6%. However much higher rates of staff turnover (up to 50%) were being experienced in the Approvals and Regulatory Division. If there was to be a significant down-turn in the industry, natural attrition of staff would provide a suitable means to ensure that resourcing levels within the Division can remain at the most appropriate level.
FINANCIAL IMPLICATIONS This report is recommending the employment of an additional six members of permanent staff, at an estimated cost of $300,000. This will be a recurrent cost to
Page 160 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
Resourcing Issues - Approvals and Regulatory (Cont.) Council. Funding sources to offset these costs have been identified in the body of the report.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 161 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
11 REFERRED COMMITTEE REPORTS
Page 162 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
12 NOTICE OF MOTION/RESCISSION
12.1 RESIDENTIAL ACCOMMODATION ABOVE COMMERCIAL PREMISES IN HIGH STREET MAITLAND NOTICE OF MOTION SUBMITTED BY COUNCILLOR ARCH HUMPHERY
FILE NO: 103/2
Responsible Officer: David Evans General Manager
Clr Arch Humphery has indicated his intention to move the following Notice of Motion at the next Ordinary Meeting of Council on 26 November 2002, as follows:
That: 1. Maitland City Council encourage the provision of residential accommodation above the commercial premises in High Street Maitland. 2. A report be brought back to Council's next meeting indicating the statutory requirements applying to those buildings for residential use and any other requirements that have prevented occupation in the past that are under the control of the Council.
COMMENT BY GROUP MANAGER In Council’s adopted Central Maitland Area Improvement Strategy there is a component that provides for the encouragement of additional residential accommodation in the form of Shop Top Housing within Central Maitland.
It is possible for a report to be prepared in relation to the specific requirements relating to this type of development however, in terms of current commitments under the Management Plan and available staff resources it is not possible to provide the report to the next Council Meeting.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 163 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
NOTICE OF MOTION SUBMITTED BY COUNCILLOR Clr Peter Blackmore (Cont.)
Page 164 COUNCIL MEETING AGENDA 26 NOVEMBER, 2002
12.2 WATER SHARING NOTICE OF MOTION SUBMITTED BY COUNCILLOR ARCH HUMPHERY
FILE NO: 106/1
Responsible Officer: David Evans General Manager
Clr Arch Humphery has indicated his intention to move the following Notice of Motion at the next Ordinary Meeting of Council on 26 November 2002, as follows:
That: 1. Maitland City Council ask for a report from the Department of Land and Water Conservation on the implications of the new Water Sharing plans and the effect on the tidal sections of the Hunter and Paterson rivers as far as present and future irrigation is concerned 2. Maitland City Council takes the appropriate steps to protect the irrigation potential of all 1a Agricultural land within the LGA of Maitland on the tidal sections of the Hunter and Paterson rivers. 3. The Department of Agriculture be asked to support Maitland Council's endeavours to protect the present and long term potential of the Hunter and Paterson Flood Plain. 4. Dungog and Port Stephens Shire Councils who's Local Government Areas include the Paterson River Flood Plain be advised of our action and asked for their support.
COMMENT BY GROUP MANAGER Council Officers are currently reviewing the broader implications of the new Water Sharing Plans on the City. However, the above Notice of Motion submitted by Councillor Arch Humphery is endorsed and considered appropriate that action be taken to implement the items raised.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
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13 QUESTIONS WITHOUT NOTICE
14 URGENT BUSINESS
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15 COMMITTEE OF THE WHOLE
15.1 CBD LAND
File No: P12929, P33448
Responsible Officer: Roger Stephan Executive Manager Economic Development and Marketing
Author: Roger Stephan Executive Manager Economic Development and Marketing
EXECUTIVE SUMMARY The purpose of this report is to provide an update to Council on the progress of negotiations in relation to the sale of two parcels of Council owned land with the Maitland central business district.
OFFICER'S RECOMMENDATION THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows:
(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business
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15.2 MAITLAND GAOL
File No: 60/4
Responsible Officer: David Evans General Manager
Author: Roger Stephan Executive Manager Economic Development and Marketing
EXECUTIVE SUMMARY The purpose of this report is to advise Council on the current status of Council’s position in regard to Maitland Gaol as a Tourism asset or otherwise for Maitland City Council.
OFFICER'S RECOMMENDATION THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows:
(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business
(d)(ii) commercial information of a confidential nature that would, if disclosed: confer a commercial advantage on a competitor of the council
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15.3 AUTOMATIC TELLER MACHINE
File No: P33382
Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration
Author: Graeme Tolhurst Group Manager Finance & Administration
EXECUTIVE SUMMARY Maitland Mutual Building Society Limited have requested the installation of an Automatic Teller Machine at Council's Administration Building, High Street, Maitland. All installation costs will be met by the Building Society. The rent is $1 per annum and given the opportunity for the community to have a facility at the eastern end of High Street, it is seen as an appropriate proposition.
OFFICER'S RECOMMENDATION THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows:
(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business
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15.4 HUNTER INTEGRATED RESOURCES ACN 095 330 813 REPORT ON REGIONAL WASTE PROJECT TENDERS
File No: 61/36
Responsible Officer: David Simm Manager Environmental Programs
Author: David Simm Manager Environmental Programs
EXECUTIVE SUMMARY The purpose of this report is to recommend to Council a course of action that will enable Hunter Integrated Resources (HIR) to progress the Regional Waste Project.
OFFICER'S RECOMMENDATION THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows:
(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business
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15.5 BULL STREET DRAINAGE
File No: P17220
Responsible Officer: Brad Everett Group Manager, Service Planning and Regulation
Author: Richard Minter Manager Consulting and Contracts
EXECUTIVE SUMMARY Council has been dealing with a drainage issue involving a pond of water at the rear of a development at 557 High Street, Maitland. The purpose of this report is to provide an update on the progress of this matter and to obtain direction from Council regarding future actions.
OFFICER'S RECOMMENDATION THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows:
(a) personnel matters concerning particular individuals
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15.6 PROVISION OF PLUMBING MAINTENANCE SERVICES
File No: 137/927
Responsible Officer: Brad Everett Group Manager, Service Planning and Regulation
Author: Richard Minter Manager Consulting and Contracts
EXECUTIVE SUMMARY The current contract for the supply of plumbing maintenance services expires on 30th November, 2002. The purpose of this tender process is to adopt a list of three (3) ranked contractors to provide plumbing maintenance services to Council for a period of two years (with a one year option) from 1st December, 2002.
OFFICER'S RECOMMENDATION THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows:
(d)(i) commercial information of a confidential nature that would, if disclosed: prejudice the commercial position of the person who supplied it
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15.7 RUTHERFORD TENNIS COURTS
File No: P21591
Responsible Officer: Brad Everett Group Manager, Service Planning and Regulation
Author: Richard Minter Manager Consulting and Contracts
EXECUTIVE SUMMARY There have been ongoing issues regarding the quality of the surface of the Rutherford Tennis Courts. This report presents the results of geotechnical testing and proposes a course of action to resolve the surface problems.
OFFICER'S RECOMMENDATION THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows:
(g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the grounds of legal professional privilege
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15.8 SUPPLY OF ELECTRICAL MAINTENANCE SERVICES
File No: 137/926
Responsible Officer: Brad Everett Group Manager, Service Planning and Regulation
Author: Richard Minter Manager Consulting and Contracts
EXECUTIVE SUMMARY The current contract for the supply of electrical maintenance services expires on 30th November, 2002. The purpose of this tender process is to adopt a list of three (3) ranked contractors to provide electrical maintenance services to Council for a period of two years (with a one year option) from 1st December, 2002.
OFFICER'S RECOMMENDATION THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows:
(d)(i) commercial information of a confidential nature that would, if disclosed: prejudice the commercial position of the person who supplied it
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15.9 SUPPLY & DELIVERY & SERVICING OF TYRES
File No: 137/923
Responsible Officer: Wayne Cone Group Manager City Works & Services
Author: Steven Hodges Manager Fleet & Depot Operations
EXECUTIVE SUMMARY This report deals with the calling of tenders for the supply, delivery and servicing of tyres for the period 1 December 2002 to 30 November 2007.
OFFICER'S RECOMMENDATION THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows:
(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business
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16 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE
17 CLOSURE
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